Supreme Court dismissed cassation appeal regarding civil compensation for occupational disease under Art. 445 § 1 k.c.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the plaintiff's cassation appeal against the appellate court's decision to award civil compensation for an occupational disease. The plaintiff argued that the awarded amount was insufficient, but the court found no clear violation of the general criteria for determining compensation under Article 445 § 1 of the Civil Code. Consequently, the court ruled that the appellate court correctly applied the law by considering the severity of suffering and the existence of separate occupational disease compensation.
Regesto Legislator
Generato dall'IAArt. 445 § 1 k.c.; Art. 398 § 1 k.p.c.: Compensation for personal injury is determined based on the intensity of suffering and duration of illness; a cassation appeal is admissible only if there is a clear violation of these general criteria.