Legislator Case Law & Legislation
I UK 191/05 AI generated

Social security court rules ZUS must pay interest from 30 days after certificate submission, not court verdict date.

Case Number I UK 191/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court reversed the lower court's decision, ordering the Social Insurance Institution (ZUS) to pay interest starting 30 days after the insured submitted medical certificates rather than from the court's verdict date. The insured argued that ZUS failed to verify the authenticity of the certificates during its control procedure, causing an unjustified delay in recognizing the right to sick pay. The court held that because ZUS did not conduct necessary control measures despite having all data, it was in default, and procedural delays in the lawsuit could not excuse this administrative inaction.

Legislator headnote

AI generated

Art. 85 ust. 1 ustawy o systemie ubezpieczeń społecznych; Art. 393 § 1 k.p.c.: When the social insurance institution fails to verify the authenticity of medical certificates during its control procedure, interest on benefits must be calculated from 30 days after the insured submits the certificates, not from the date of the court's judgment.

Keywords

AI generated
social security benefits sick pay entitlement administrative delay interest calculation control procedure medical certificates default liability

Cited Legislation

AI generated
Art. 85 ust. 1 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych
Art. 393 § 1 k.p.c.
art. 4779 § 4 k.p.c
art. 39315 k.p.c

Cited Case Law

AI generated

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