Cassation appeal dismissed; judge and expert exclusion claims rejected due to procedural timing and lack of grounds.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by a pension claimant against a lower court's rejection of her disability pension. The appellant argued that the judge and medical expert were improperly excluded from the proceedings below, violating procedural rules regarding recusal and expert selection. The court ruled that the appellant failed to prove the judge's exclusion was timely or that the expert's exclusion was legally justified, noting the binding nature of the lower court's factual findings on her work capacity.
Regesto Legislator
Generato dall'IAArt. 48 § 1 pkt 5 k.p.c.; Art. 49 k.p.c.; Art. 281 k.p.c.; Art. 278 § 1, 279 k.p.c.; Art. 379 pkt 4 k.p.c.; Art. 398 § 1, 2 k.p.c.; Art. 398 § 13 k.p.c.; Art. 398 § 14 k.p.c.; Art. 12 ust. 3, Art. 13 ust. 3, Art. 57 ust. 1 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: A recusal request must be filed before the trial begins, and an expert's exclusion requires specific grounds not present if the expert was selected after hearing the parties' claims.