I UK 359/07
AI generated
Health objections to underground mining do not imply total disability if surface work is possible.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's decision granting disability benefits based on occupational hearing loss. The lower court incorrectly assumed that because the claimant could not work underground, he was totally unable to work, ignoring his surface qualifications. The court ruled that medical experts failed to assess the claimant's potential for surface employment, violating procedural requirements for fact-finding.
Legislator headnote
AI generatedArt. 278 k.p.c.; Art. 382 k.p.c.; Art. 233 § 1 k.p.c.; Art. 39815 k.p.c.; Art. 108 § 2 k.p.c.: Medical opinions on occupational disability must specifically address the claimant's capacity for alternative work, not merely the inability to perform the original job.
Keywords
AI generated
occupational disability
medical expert opinion
surface employment
procedural error
disability benefits
Cited Legislation
AI generatedArt. 278 k.p.c.
Art. 382 k.p.c.
Art. 233 § 1 k.p.c.
Art. 39815 k.p.c.
Art. 108 § 2 k.p.c.
art. 233 k.p.c
art. 3983 § 1 k.p.c
art. 3983 § 1 pkt 1 k.p.c
art. 278 k.p.c
art. 382 k.p.c