Legislator Case Law & Legislation
II UK 156/06 AI generated

Partial disability pension denied when biological impairment does not affect ability to work in retrained profession.

Case Number II UK 156/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the applicant's appeal regarding a partial disability pension claim. The applicant, a mason who later retrained as a school conservator, argued that his medical conditions prevented him from working as a mason but not as a conservator. The court ruled that partial disability requires both biological impairment and an inability to earn a living in the applicant's retrained profession, which he had mastered over 18 years.

Legislator headnote

AI generated

Art. 12 ust. 1 i 3 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Partial disability to work is established only when medical impairment prevents the individual from performing work consistent with their acquired qualifications, not merely from their previous trade.

Keywords

AI generated
partial disability pension retrained profession biological impairment economic capacity social security law work qualification disability assessment

Cited Legislation

AI generated
Art. 12 ust. 1 i 3 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
Art. 398 k.p.c.
Art. 102 k.p.c.
art. 39816 k.p.c
art. 102 k.p.c

Cited Case Law

AI generated

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