Legislator Case Law & Legislation
II PK 175/07 AI generated

Cassation court dismissed claim for mining pension due to lack of high probability of meeting work conditions.

Case Number II PK 175/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding a claim for a mining pension denied by the lower courts. The plaintiff argued that he would have qualified for early retirement had he continued working underground, but the court found insufficient evidence. The court ruled that merely showing a possibility of employment is inadequate; there must be a high probability that the plaintiff would have met all statutory requirements, including health and job continuity, which could not be established given his medical history and the nature of underground work.

Legislator headnote

AI generated

Art. 361 § 1 k.c.; Art. 34 ust. 1, 2 ustawy o emeryturach i rentach z FUS; The court must establish a high probability, not just a possibility, that the claimant would have fulfilled all conditions for the pension, including health and job continuity.

Keywords

AI generated
adequate causal link mining pension entitlement high probability standard underground work conditions medical incapacity evidence early retirement requirements causation in tort

Cited Legislation

AI generated
art. 361 § 1 k.c.
art. 34 ust. 1 i 2 ustawy o emeryturach i rentach z FUS
art. 361 § 1 k.c
art. 231 k.p
art. 300 k.p
art. 361 k.c
art. 415 k.c
art. 365 § 1 k.p.c
art. 366 k.p.c
art. 386 § 6 k.p.c

Cited Case Law

AI generated

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