I PK 122/04
AI generated
Limitation period for occupational disease compensation runs separately against each employer involved.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially allowed the plaintiff's cassation appeal regarding the limitation period for compensation claims against two former employers. The court found that the ten-year limitation period under the Civil Code runs independently for each employer, starting from the day the employee ceased work with that specific entity. Consequently, the court set aside the lower court's dismissal of the claim against the first employer while rejecting the appeal against the second, ordering a retrial on the former.
Legislator headnote
AI generatedArt. 442 § 1 k.c.; The limitation period for compensation claims for occupational disease runs separately against each employer, commencing from the day the employee ceased work with that specific employer.
Keywords
AI generated
occupational disease compensation
limitation period
separate limitation
multiple employers
civil code provisions
cessation of employment
cassation appeal
Cited Legislation
AI generatedart. 442 § 1 k.c.
art. 393 § 1 k.p.c.
art. 442 § 1 k.c
art. 5 k.c
art. 442 § 2 k.c
art. 39311 k.p.c
art. 291 § 1 k.p
art. 39313 § 1 k.p.c
art. 3931 k.p.c
Cited Case Law
AI generatedIII PZP 43/68
II PR 268/67
III CRN 101/86
III CZP 35/83
I UK 231/05
Supreme Court dismisses appeal for lack of request and reasoning under Civil Procedure Code articles 3984 and 3989.