Supreme Court allows pension claim by permitting expert evidence despite employer's refusal to issue special conditions certificate.
Sintesi Legislator
Generato dall'IAThe Supreme Court of Poland allowed the pension claimant's appeal against the Social Insurance Institution's refusal of early retirement benefits. The claimant worked in high-frequency radio facilities but lacked a certificate from employers confirming special working conditions, which is normally required for early retirement. The court held that while administrative bodies are bound by employer certificates, civil courts at the appeal stage are not limited by these procedural restrictions and may admit expert opinions to prove the existence of harmful working conditions.
Regesto Legislator
Generato dall'IA§ 2 ust. 2 rozporządzenia Rady Ministrów z dnia 7 lutego 1983 r.; Art. 473 Kodeksu postępowania cywilnego: The binding nature of employer certificates regarding special working conditions applies only to administrative bodies; civil courts at the appeal stage are not restricted by such evidence and may admit expert opinions to prove facts favorable to the weaker party.