Supreme Court dismisses appeal; compensation for partial work disability is expected income minus reduced earning capacity.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe 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.
Regeste Legislator
Généré par l'IAArt. 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.