Karolina Rzepecka’s commentary in an article on the prohibition of reformationis in peius for Prawo.pl

People fighting for disability or injury benefits after an accident often point out that the medical commissions of the Social Insurance Institution (ZUS) worsen their situation after appealing the opinion of the certifying doctor, which seemingly contradicts the prohibition of reformationis in peius outlined in the Code of Administrative Procedure. Is it, therefore, possible for the legal situation of a person filing an appeal to worsen after the appeal?

This issue was commented on by Karolina Rzepecka – Advocate at the Labor Law Department at Sadkowski and Partners in an article for Prawo.pl.

Our expert emphasizes: “Health condition is an element of factual, not legal, status. The disadvantage referred to in Article 139 of the Code of Administrative Procedure (reformationis in peius) refers to the objective worsening of a party’s legal situation, whereas in medical adjudication proceedings, we deal with the establishment of factual circumstances in terms of medical conditions. Applying the reformationis in peius principle could lead to a situation where benefits are awarded to unauthorized individuals. Meanwhile, social insurance, being an element of public law, should have mechanisms in place to prevent the improper expenditure of public funds.”

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