II UK 10/07
AI generated
Supreme Court dismissed appeal; medical opinion on work impact during sick leave is irrelevant to benefit entitlement.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the insured's legal successors against the Social Insurance Fund. The lower court ruled that the insured did not need to repay sick pay because his duties during sick leave were not detrimental to his health. The court held that the medical opinion regarding whether work affected health is irrelevant to the statutory requirement of ceasing paid work.
Legislator headnote
AI generatedArt. 17 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 227 k.p.c.: The assessment of whether work during sick leave affected health is irrelevant; the insured must cease paid employment, but incidental professional tasks do not constitute paid work.
Keywords
AI generated
sick leave benefits
paid employment cessation
medical opinion relevance
social insurance law
cassation appeal dismissal
work impact assessment
incidental professional tasks
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. 227 k.p.c.
Art. 39813 § 2 k.p.c.
Art. 39814 k.p.c.
Art. 102 k.p.c.
art. 227 k.p.c
art. 233 § 1 k.p.c
art. 278 § 1 k.p.c
art. 382 k.p.c
art. 3983 § 1 pkt 2 k.p.c
Cited Case Law
AI generatedII 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.