Social security court allows pension claim by remanding case to reconsider work capacity objectively.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court remanded the case to the Court of Appeal in Gdańsk for a new evaluation of the applicant's work capacity. The lower court incorrectly denied the pension based solely on medical opinions without considering the applicant's qualifications, age, and the objective possibility of re-employment. The court ruled that the second-instance judge failed to conduct a proper evidentiary procedure and ignored the applicant's arguments regarding his ability to work.
Regesto Legislator
Generato dall'IAArt. 24 ust. 1 pkt 2 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin; Art. 233 § 1 KPC; The assessment of work incapacity for pension purposes must include an objective analysis of the applicant's qualifications, education, age, and physical predispositions, not merely medical findings.