Employer's use of invalid medical certificate constitutes work accident cause only if accident occurred during prohibited work.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding whether an employer's reliance on a flawed medical certificate constituted an external cause of a work accident. The court found that the lower court failed to establish a causal link between the specific medical error (omission of an EKG) and the accident, which occurred under conditions where the error was irrelevant. Consequently, the decision was remanded to the lower court to determine if the accident happened during work prohibited by the worker's actual health status.
Legislator headnote
AI generatedArt. 17 ust. 1 k.r.s.; Art. 398 § 1 k.p.c.: An employer's admission of a worker to work based on a defective medical opinion constitutes an external cause of a work accident only if the accident occurred during the performance of work prohibited due to the worker's health condition.