Legislator Case Law & Legislation
I UK 373/04 AI generated

Supreme Court overturned social security court ruling on work injury compensation percentage and costs.

Case Number I UK 373/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's decision limiting the work injury disability assessment to 80% and reducing the lump-sum compensation. The insured argued for a higher percentage based on a prior 90% finding, while the social security institution contended for the lower rate. The court ruled that the statutory definition of a decision 'on disability' includes any ruling that adjudicates the issue, regardless of whether it confirms the injury, thereby invalidating the application of outdated compensation rates.

Legislator headnote

AI generated

Art. 46 of the Social Insurance Act; The term 'decision on disability' encompasses any judicial or administrative ruling adjudicating the existence of disability, not merely those confirming it, establishing that compensation rates must be calculated based on the date of the social security institution's decision.

Keywords

AI generated
work injury compensation disability assessment percentage social insurance law lump sum payment judicial review standard

Cited Legislation

AI generated
Art. 46 of the Social Insurance Act
§ 11 ust. 5 of the Minister of Justice Regulation
§ 12 ust. 1 pkt 2 of the Minister of Justice Regulation
Art. 393 § 1 of the Code of Civil Procedure
art. 233 § 1 k.p.c
art. 382 k.p.c

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text