Supreme Court dismisses appeal; supervisory board member receiving salary performs wage-earning work.
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the cassation appeal against a social insurance fund's decision to deny sick pay and rehabilitation benefits. The insured, a supervisory board member receiving a salary for his duties, argued that his role was merely a public-law position compensated by allowances rather than wage-earning work. The court rejected this distinction, ruling that receiving a salary for supervisory activities constitutes wage-earning work under the relevant social insurance statutes, thereby terminating the right to benefits. Consequently, the insured was ordered to repay the overpaid benefits for the periods in question.
Legislator headnote
AI generatedArt. 17 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 18 ust. 1 ustawy z dnia 17 grudnia 1974 r.; A member of a supervisory board receiving remuneration for their duties performs wage-earning work, thereby losing the right to sick pay and rehabilitation benefits.