[Instability of the health care system and concomitant meaning of the notion of partial incapacity to work as an element determining dysfunctionality of the pension system].
Opinioning for the State Insurance Court, which is of fundamental interest to the authors of this paper, leads them to investigate certain factors contributing to the dysfunctionality of opinion within the pension system. We have attempted to find out to what degree changes in the functioning of the health care system, restricting access to specialist diagnosis are reflected in the construction of an opinion relating to incapability to work. On the basis of our analysis, it can be concluded that the basis of the majority of arguable opinions constitutes the legal notion of "partial incapability to work", which should be understood as "partial capability to work". In the case of the suggested change of view of this problem, the majority of controversial opinions lose their validity.
Katedra i Zakład Medycyny Sadowej Collegium Medicum UJ.
Piotr
P
Kowalski
Elzbieta
E
Skupień
D004185:Disability Evaluation; D006233:Persons with Disabilities / Q000331:legislation & jurisprudence*; D004608:Eligibility Determination / Q000331:legislation & jurisprudence*; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D006801:Humans; D009784:Occupational Diseases / Q000175:diagnosis; D016272:Occupational Health / Q000331:legislation & jurisprudence*; D011044:Poland; D012943:Social Security / Q000331:legislation & jurisprudence / Q000458:organization & administration*