Legislator Case Law & Legislation
II UK 277/04 AI generated

Supreme Court dismisses appeal when lower court ignores conflicting expert opinions without new expert analysis.

Case Number II UK 277/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the applicant's cassation appeal against a social insurance court's decision denying disability pension. The lower court relied solely on a new MRI report to override earlier expert opinions that found the applicant capable of work. The Supreme Court ruled that the lower court violated procedural law by failing to seek additional expert opinions or reconcile conflicting medical findings in a specialized field.

Legislator headnote

AI generated

Art. 233 § 1 k.p.c.; Art. 393 § 1 k.p.c.: A court cannot base its decision on a single expert opinion when conflicting specialized opinions exist; it must either seek further expert analysis or reconcile the views without violating the duty to utilize specialized knowledge.

Keywords

AI generated
conflicting expert opinions disability pension denial MRI diagnostic results specialized medical knowledge procedural violation cassation appeal dismissal social insurance law

Cited Legislation

AI generated
Art. 233 § 1 k.p.c.
Art. 393 § 1 k.p.c.
Art. 12 of the Act on Pensions and Allowances from the Social Insurance Fund
art. 233 § 1 k.p.c
art. 39313 § 1 k.p.c

Cited Case Law

AI generated
C 207/52
II CR 222/72
WaC 167/49
III CRN 341/72
I PR 148/90

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