Legislator Case Law & Legislation
II UKN 394/97 AI generated

Civil court dismissed veteran's disability pension claim as medical evidence did not link illness to imprisonment.

Case Number II UKN 394/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the veteran's cassation appeal regarding a disability pension denied by the Social Insurance Office. The appellant argued that medical experts failed to link his current condition to his 1951-1955 imprisonment, while the court found the illness was naturally caused by age. The court ruled that the medical evidence properly established the illness as independent of the imprisonment, thus denying the statutory pension requirement.

Legislator headnote

AI generated

Art. 232 KPC; Art. 233 § 1 KPC; Art. 12 of the Act of 24 January 1991 on combatants: Under the principle of free judicial assessment of evidence, a court may admit unrequested evidence only if existing materials are insufficient, and a pension claim requires objective proof linking current disability to the period of repression.

Keywords

AI generated
free judicial assessment of evidence combatant disability pension medical causation link principle of contradiction supreme court cassation social insurance office political imprisonment

Cited Legislation

AI generated
Art. 232 KPC
Art. 233 § 1 KPC
Art. 12 of the Act of 24 January 1991 on combatants and certain persons who were victims of wartime and post-war repression
Art. 381 KPC
Art. 393 § 12 KPC

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