Legislator Case Law & Legislation
I BP 5/08 AI generated

Supreme Court dismissed appeal; supplementary pension continues if worker could earn income without accident disability.

Case Number I BP 5/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against a lower court ruling that terminated his supplementary workmen's compensation pension upon retirement. The court found that while the pension generally continues after retirement, it may end if the worker could not have earned income without the accident-induced disability. The court ruled the lower court correctly applied this exception because the appellant failed to prove he could still work and earn a living despite his retirement status. Consequently, the obligation to pay the supplementary pension was upheld as legally sound.

Legislator headnote

AI generated

Art. 444 § 2 k.c.; Art. 907 § 2 k.c.: A supplementary pension for a workman injured in an accident may continue after retirement if the injured party proves they could have continued earning income without the disability, but the burden of proof rests on the injured party.

Keywords

AI generated
supplementary pension workmen's compensation retirement age burden of proof accident disability earning capacity civil procedure

Cited Legislation

AI generated
Art. 444 § 2 k.c.
Art. 907 § 2 k.c.
Art. 39813 § 2 in conjunction with Art. 42412 k.p.c.
Art. 4241 k.p.c.
Art. 42411 § 1 k.p.c.
art. 907 § 2 k.c
art. 366 k.p.c
art. 4241 § 1 k.p.c
art. 4171 § 2 k.c
art. 42411 § 2 k.p.c

Cited Case Law

AI generated

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