II UK 223/06
AI generated
Sickness benefit lost when signing business documents during sick leave, even if incidental. Dismissed appeal.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the applicant's cassation appeal against a social insurance fund decision to revoke his sickness benefit. The court found that the applicant, while on sick leave, signed 34 financial documents for his company, an activity deemed to be work rather than incidental. Consequently, the court ruled that the applicant lost his right to the benefit under the relevant social insurance law.
Legislator headnote
AI generatedArt. 17 ust. 1 ustawy z dnia 25 czerwca 1999 r. o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; The right to a sickness benefit is lost if the insured engages in gainful activity during the period of incapacity for work, regardless of whether the activity is incidental or forced by circumstances.
Keywords
AI generated
sickness benefit
social insurance law
gainful activity
incidental activity
loss of benefit
financial documents
sick leave
Cited Legislation
AI generatedArt. 17 ust. 1 ustawy z dnia 25 czerwca 1999 r. o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa
art. 398 § 14 k.p.c.
art. 201 § 1 k.s.h
art. 39813 § 2 k.p.c
art. 39814 k.p.c
Cited Case Law
AI generatedII UK 154/04
II UKN 513/99
Sickness benefit denied to employee continuing business activity started during employment after termination.
II UKN 494/00
Sickness benefit denied to business owner continuing business during medical leave without statutory exceptions.
II UK 76/03
Supreme Court distinguishes between self-employed work and employer duties to preserve sick leave benefits.
II UKN 710/00
Signing financial documents during sick leave does not constitute business activity under Polish social security law.
I UK 370/04
Polish Supreme Court ruled that any business activity during sick leave causes loss of sick pay under Art. 17 Social Insurance Act.
I UK 154/04
Supreme Court dismisses appeal; supervisory board member receiving salary performs wage-earning work.