Supreme Court dismisses cassation claiming procedural violation regarding court-ordered expert opinion on disability.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by Józef K. against a social insurance office's decision to withhold disability benefits. The appellant argued that the appellate court violated procedural rules by failing to admit evidence of his disability and ignoring inconsistencies in expert opinions. The court ruled that the appellate court's decision to admit a supplementary expert opinion was lawful and that the new findings confirmed the absence of work-related disability, rendering the procedural complaints without merit.
Regesto Legislator
Generato dall'IAArt. 232 KPC; Art. 233 § 1 KPC; Art. 393 § 1 pkt 2 KPC; The admission of evidence by the court of its own motion does not constitute a procedural violation if the resulting findings are consistent with the established facts and do not affect the outcome of the case.