Legislator Case Law & Legislation
I UK 378/07 AI generated

Seasonal low-paid work does not prove regained ability to work after long-term disability.

Case Number I UK 378/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the social insurance fund's appeal against a pension claim by a former mechanic who worked seasonally as a coal stoker. The applicant argued that this seasonal employment demonstrated a recovery of work capacity, but the court found that low-paid seasonal labor does not equate to regaining professional ability. Consequently, the court ruled that the applicant remains partially unable to work in their original trade and upheld the right to a disability pension.

Legislator headnote

AI generated

Art. 12 ust. 2 ustawy o emeryturach i rentach; Art. 13 ust. 1 ustawy o emeryturach i rentach: Seasonal employment in a different, lower-paid trade does not constitute proof of regained work capacity for a person with long-term disabilities in a previous profession.

Keywords

AI generated
disability pension work capacity seasonal employment professional qualification social insurance appeal

Cited Legislation

AI generated
Art. 12 ust. 2 ustawy o emeryturach i rentach
Art. 13 ust. 1 ustawy o emeryturach i rentach
art. 214 § 1 k.p.c
art. 379 pkt 5 k.p.c
art. 39815 k.p.c

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