Social security agency's failure to inform claimant about separate compensation claim constitutes abuse of law barring statute of limitations defense.
Legislator summary
AI generatedThe Supreme Court allowed the claimant's cassation appeal against a lower court decision that dismissed her request for one-time compensation due to statute of limitations. The Social Security Agency had denied the claim because the limitation period had expired, but the court found the agency failed to inform the claimant about her right to seek this specific compensation when she applied for disability pension. Consequently, the Supreme Court ruled that the agency's reliance on the time bar constituted an abuse of law under Article 8 of the Code of Civil Procedure, ordering the case to be retried.
Legislator headnote
AI generatedArt. 41 ust. 1 ustawy o świadczeniach z tytułu wypadków przy pracy; Art. 8 k.p.: Where a social security agency fails to inform an insured person of the possibility to claim separate one-time compensation upon filing a disability pension application, the subsequent denial of such compensation based on the statute of limitations constitutes an abuse of law.