Social security disability pension denied due to improper expert witness qualification in vocational capacity assessment.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the social security agency's decision denying a disability pension to a miner with occupational vascular disease. The applicant argued that the lower courts failed to appoint a specialist in vascular surgery, violating procedural rules requiring expert knowledge for complex medical assessments. The court ruled that the omission of a vascular surgeon's opinion constituted a procedural error under the Civil Procedure Code, necessitating a retrial.
Regesto Legislator
Generato dall'IAArt. 278 § 1 k.p.c.; Art. 286 k.p.c.; Art. 398 § 1 k.p.c.: The failure to appoint a specialist with the requisite medical expertise when such knowledge is essential for determining vocational capacity constitutes a violation of procedural rules and warrants the annulment of the judgment.