Legislator Case Law & Legislation
I UK 19/05 AI generated

Supreme Court dismissed appeal; statute of limitations for compensation began when victim learned of health damage via medical report.

Case Number I UK 19/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court judgment that rejected the plaintiff's claim for compensation and pension. The plaintiff argued that the three-year limitation period had not expired, while the defendant contended it had passed since the accident occurred in 1989. The court ruled that the limitation period commenced on August 1, 1996, the date the plaintiff received the medical commission's report confirming his worsened health status, thereby establishing the start of the limitation clock.

Legislator headnote

AI generated

Art. 442 § 1 k.c.; The statute of limitations for a claim for compensation begins on the day the injured party learned of the damage and the liable person, unless the health damage was immediately obvious.

Keywords

AI generated
statute of limitations health damage medical report work accident compensation claim Supreme Court limitation period

Cited Legislation

AI generated
Art. 442 § 1 k.c.
Art. 5 k.c.
Art. 444 § 2 k.c.
Art. 445 k.c.
Art. 393 § 12 k.p.c.
Art. 102 k.p.c.
art. 442 § 1 k.c
art. 435 § 1 k.c
art. 442 § 2 k.c
art. 5 k.c

Cited Case Law

AI generated

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