Legislator Case Law & Legislation
I UK 337/08 AI generated

Supreme Court dismissed appeal, ruling sick pay base limits apply even if disability started during employment.

Case Number I UK 337/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an insured individual against the Social Insurance Institution's decision. The insured argued that the statutory cap on sick pay calculation should not apply to periods following the termination of employment, even though the disability began during the employment period. The Court rejected this distinction, holding that Article 46 of the Social Benefits Act applies uniformly to all sick pay periods occurring after the loss of insurance status, regardless of when the disability arose.

Legislator headnote

AI generated

Art. 46 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; The statutory limit on the basis for calculating sick pay applies to all periods of sick pay received after the termination of the insurance status, including those where the disability originated during the period of employment.

Keywords

AI generated
sick pay calculation insurance status termination statutory benefit cap social benefits act disability period employment termination cassation appeal

Cited Legislation

AI generated
Art. 46 ust. 1 ustawy z dnia 25 czerwca 1999 r. o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa
Art. 398 § 14 k.p.c.
art. 92 k.p
art. 39814 k.p.c

Cited Case Law

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