Sickness benefit lost for entire period if business activities continued after hospital discharge.
Legislator summary
AI generatedThe Supreme Court partially allowed the cassation, overturning the lower court's decision regarding the applicant's right to sickness benefits. The applicant argued that losing benefits for the entire hospitalization period was an excessive penalty, while the Social Insurance Institution contended that continued business activities disqualified him from the benefit. The court ruled that while the loss of benefits applies to the whole period, the hospitalization phase must be excluded if the disqualifying behavior occurred only after discharge.
Legislator headnote
AI generatedArt. 18 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; The loss of sickness benefit for the entire period of leave does not apply retroactively to the hospitalization phase if the disqualifying conduct occurred only after discharge.