Legislator Case Law & Legislation
I UK 153/05 AI generated

Partial work disability does not preclude employment in lower-skilled positions than those previously held.

Case Number I UK 153/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a decision denying further disability pension to a coal miner with occupational hearing loss. The appellant argued that partial work disability should allow him to work in lower-skilled roles, but the court found the medical experts correctly determined he retained significant capacity for his original supervisory duties. Consequently, the court ruled that the statutory definition of partial work disability does not automatically grant rights to work in positions below one's former qualifications.

Legislator headnote

AI generated

Art. 12 ust. 3 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Partial work disability defined as significant loss of capacity for work matching current qualifications does not exclude the insured from taking employment in lower-skilled positions.

Keywords

AI generated
partial work disability occupational disease disability pension work capacity assessment qualification level social insurance law medical expertise

Cited Legislation

AI generated
Art. 12 ust. 3 of the Act on pensions and benefits from the Social Insurance Fund
Art. 18 of the Act on benefits from work accidents and occupational diseases
Art. 393 § 1 of the Code of Civil Procedure
Art. 98 of the Code of Civil Procedure
art. 233 k.p.c
art. 3931 k.p.c
art. 392 k.p.c
art. 227 k.p.c
art. 382 k.p.c
art. 39311 § 2 k.p.c

Cited Case Law

AI generated
II UKN 7695/98
I PK 153/05

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