Cassation appeal dismissed; judge and expert exclusion claims rejected due to procedural timing and lack of grounds.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a pension claimant against a lower court's rejection of her disability pension. The appellant argued that the judge and medical expert were improperly excluded from the proceedings below, violating procedural rules regarding recusal and expert selection. The court ruled that the appellant failed to prove the judge's exclusion was timely or that the expert's exclusion was legally justified, noting the binding nature of the lower court's factual findings on her work capacity.
Legislator headnote
AI generatedArt. 48 § 1 pkt 5 k.p.c.; Art. 49 k.p.c.; Art. 281 k.p.c.; Art. 278 § 1, 279 k.p.c.; Art. 379 pkt 4 k.p.c.; Art. 398 § 1, 2 k.p.c.; Art. 398 § 13 k.p.c.; Art. 398 § 14 k.p.c.; Art. 12 ust. 3, Art. 13 ust. 3, Art. 57 ust. 1 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: A recusal request must be filed before the trial begins, and an expert's exclusion requires specific grounds not present if the expert was selected after hearing the parties' claims.