II UK 56/11 AI generated

Supreme Court dismisses claim for double compensation for same health damage from occupational disease and work accident.

Case Number II UK 56/11

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2011-10-11

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Ryszard T. against a lower court decision denying him separate compensation for a work accident and an occupational disease. The court found that both injuries resulted from the same health damage caused by exposure to corrosive paint in a poorly ventilated room in 1972. Consequently, the court ruled that only one single lump-sum compensation is permissible for the same extent of health impairment regardless of the legal title under which it is claimed.

Legislator headnote

AI generated

Art. 39813 § 2 k.p.c.; Art. 39814 k.p.c.: From the same health damage resulting from an occupational disease and/or a work accident, only one single lump-sum compensation is due, precluding double compensation for the same extent of impairment.

Keywords

AI generated

double compensation prohibition occupational disease work accident same health damage single lump sum cassation appeal dismissal health impairment assessment

Cited Legislation

AI generated

Art. 39813 § 2 k.p.c.

Art. 39814 k.p.c.

Art. 102 k.p.c.

Art. 12 ust. 2 ustawy wypadkowej

art. 386 § 4 k.p.c

art. 3982 § 1 k.p.c

art. 39813 § 2 k.p.c

art. 39814 k.p.c

art. 102 k.p.c

Cited Case Law

AI generated

III PZP 2/79

Supreme Court dismisses claim for double compensation for same health damage from occupational disease and work accident.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Cited Case Law

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