Legislator Case Law & Legislation
II UK 386/02 AI generated

Disability degree determined by inability to work, not inability to perform social roles.

Case Number II UK 386/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's decision and remanded the case for a new ruling on disability classification. The applicant argued that his high myopia prevented him from working, but the lower courts focused solely on his inability to work rather than his broader social participation. The Court held that disability under the Rehabilitation Act is defined by the inability to fulfill social roles, not merely by professional incapacity, requiring a fresh assessment of social integration.

Legislator headnote

AI generated

Art. 1 in conjunction with Art. 2 point 5 of the Act on Rehabilitation of the Profession and Social and Employment of Persons with Disabilities; Disability is defined not only as an impairment of organ function but also as the difficulty, limitation or impossibility of fulfilling social roles as an element of participation in social life.

Keywords

AI generated
disability degree classification inability to work social role participation Rehabilitation Act interpretation Supreme Court remand social integration assessment myopia disability status

Cited Legislation

AI generated
Art. 1 in conjunction with Art. 2 point 5 of the Act on Rehabilitation of the Profession and Social and Employment of Persons with Disabilities
Art. 5 of the Act on Rehabilitation of the Profession and Social and Employment of Persons with Disabilities
Art. 316 of the Code of Civil Procedure
art. 45 Konstytucji RP
art. 316 § 1 k.p.c
art. 232 k.p.c
art. 39319 k.p.c
art. 316 k.p.c

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