Supreme Court dismissed appeal; acquired skills from short-term work do not count if never capable of the trade due to health.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding the applicant's right to a disability pension based on acquired qualifications. The applicant argued that skills obtained through training should be recognized despite working in the trade for only a year, while the Social Insurance Institution contended the applicant was never capable of the trade due to congenital vision defects. The court ruled that the statutory provision requires a significant loss of ability to work in a trade compatible with qualifications, excluding trades the insured was never medically capable of performing.
Legislator headnote
AI generatedArt. 12 ust. 3 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; The insured's acquired qualifications do not justify a disability pension if the insured was never capable of performing the trade due to health reasons prior to the disability.