Seasonal low-paid work does not prove regained ability to work after long-term disability.
Legislator summary
AI generatedThe 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 generatedArt. 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.