Legislator Case Law & Legislation
I UK 84/08 AI generated

Supreme Court quashes social security award denial due to failure to order expert witness oral testimony.

Case Number I UK 84/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the Social Security Institution's refusal of a death benefit, ruling that the lower court failed to order oral testimony from a work medicine expert. The deceased employee died at his workplace after arriving late and refusing a substitute, yet the lower court relied solely on a written expert opinion without addressing the applicant's objections. The court held that ignoring valid objections to an expert's written report constitutes a procedural violation under the Code of Civil Procedure, necessitating a retrial to establish the factual basis for the accident classification.

Legislator headnote

AI generated

Art. 235 k.p.c.; Art. 286 k.p.c.: If a party raises justified objections to an expert's written opinion, the court is obligated to summon the expert for oral testimony to clarify the matter.

Keywords

AI generated
Code of Civil Procedure expert witness testimony work accident classification social security benefits procedural violation oral examination casation

Cited Legislation

AI generated
Art. 235 k.p.c.
Art. 286 k.p.c.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 328 § 2 k.p.c
art. 382 k.p.c
art. 391 § 1 k.p.c
art. 217 k.p.c
art. 235 k.p.c
art. 286 k.p.c

Cited Case Law

AI generated

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