Supreme Court dismissed cassation, ruling disability degree must be considered when assessing work incapacity under social security law.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal filed by Jadwiga K. against the Social Insurance Institution's denial of her work incapacity pension. The lower court relied on expert opinions stating the applicant remained capable of work despite her unchanged medical condition, while the Social Insurance Institution had previously granted her a disability pension. The Supreme Court rejected the claim that these expert opinions were contradictory, finding them logically consistent and sufficient to overturn the previous partial disability classification.
Legislator-Regeste
KI-generiertArt. 12 of the Social Security Pensions Act; Art. 3, 4, 6 of the Rehabilitation Act: When assessing work incapacity, the degree of disability established under the Rehabilitation Act cannot be ignored.