Partial loss of earning capacity does not equal inability to perform current job under Polish pension law.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by a truck driver against his denial of a disability pension. The applicant argued that his medical conditions caused a partial loss of earning capacity, but the lower courts correctly determined he could still work within his qualifications. The court ruled that under the amended law, a pension for partial disability requires both a change of job and a lack of hope to recover full capacity after retraining.
Regesto Legislator
Generato dall'IAArt. 23 ust. 3 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 24 ust. 1 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin: Partial loss of earning capacity is not equivalent to the impossibility of performing the current occupation; a disability pension for partial incapacity is granted only upon a change of profession and a lack of prospects for recovery of full work capacity after retraining.