Legislator Case Law & Legislation
II UKN 534/00 AI generated

Supreme Court dismisses appeal; compensation for partial work disability is expected income minus reduced earning capacity.

Case Number II UKN 534/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court's rejection of a claim for compensatory pension. The plaintiff argued for a higher amount based on current market conditions, while the defendant contended that the statutory formula requires calculating expected income reduced by the worker's remaining earning capacity. The court ruled that market fluctuations and lack of job offers are not the employer's responsibility, and the claim was also barred by the statute of limitations.

Legislator headnote

AI generated

Art. 444 § 2 KC; Art. 442 § 1 KC: If a work accident causes only partial disability, the compensatory pension is based on expected income reduced by the income the worker can earn using their limited capacity, regardless of current market conditions, and such claims are subject to the general statute of limitations.

Keywords

AI generated
compensatory pension partial work disability expected income earning capacity statute of limitations labor accident market conditions

Cited Legislation

AI generated
Art. 444 § 2 KC
Art. 442 § 1 KC
Art. 907 § 2 KC
Art. 118 KC
Art. 393 § 12 KPC

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