Supreme Court dismissed cassation; Civil Code applies to occupational disease claims barred by Workers' Protection Act.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the plaintiff's cassation appeal against a lower court's rejection of his claim for occupational disease compensation. The plaintiff, diagnosed with pneumoconiosis after the Workers' Protection Act came into force, argued for the application of the Act's limitation period. However, the Court determined that because his employment ended before the Act's enactment, the Civil Code's ten-year limitation rule applies instead. Consequently, the claim was found to be time-barred under the Civil Code, leading to the dismissal of the appeal.
Regesto Legislator
Generato dall'IAArt. 49 ust. 3 ustawy z dnia 12 czerwca 1975 r. o świadczeniach pieniężnych z tytułu wypadków przy pracy i chorób zawodowych; Art. 442 § 1 KC: Where an occupational disease is diagnosed after the Workers' Protection Act but the employment causing it ended before the Act's entry into force, the Civil Code's limitation period applies, not the Act's.