Supreme Court dismissed cassation for lack of grounds, upholding lower court's free evaluation of evidence in disability pension case.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by Grzegorz W. against the Second Instance Court's decision denying his claim for a rural disability pension. The appellant argued that the lower court improperly excluded an additional expert opinion from the Collegium Medicum, violating procedural rules regarding evidence evaluation. The court rejected this claim, ruling that the lower court correctly exercised its freedom of evidence assessment based on the existing medical records and expert opinions which consistently found the applicant capable of light farm work without constant care.
Regesto Legislator
Generato dall'IAArt. 233 § 1 KPC; Art. 393 § 12 KPC: The cassation court cannot review the substantive correctness of factual findings made by the lower court, as the lower court retains the freedom of evidence assessment unless a clear violation of procedural rules occurs.