Medical recommendation for preventive work removal is insufficient to establish disability under social insurance law.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a social insurance office's refusal of a disability pension. The insured argued that a medical recommendation to remove him from underground mining work due to preventive reasons should constitute disability, but the court held this does not meet the legal definition. The court clarified that preventive removal does not equate to inability to work in a role matching the insured's qualifications, distinguishing it from cases involving special working conditions.
Legislator headnote
AI generatedArt. 12 ust. 3 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; A medical recommendation to remove an employee from work for preventive reasons does not constitute inability to work under the Social Insurance Act.