Legislator Case Law & Legislation
II UKN 453/97 AI generated

Supreme Court quashes appeal verdict for failing to conduct personal medical examination of the claimant.

Case Number II UKN 453/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's decision denying a veteran's disability pension due to political imprisonment. The lower courts relied solely on a remote expert opinion which failed to establish a causal link between the claimant's illnesses and his time in Soviet camps. The court ruled that such a medical connection requires a direct personal examination and hearing of the claimant, which the lower courts neglected.

Legislator headnote

AI generated

Art. 233 KPC; Art. 299 KPC; Art. 378 § 2 KPC; Art. 393 § 1 pkt 2 KPC: When determining a causal link between a veteran's disability and political repression, a court must conduct a direct personal examination and hearing of the claimant; reliance solely on a remote expert opinion without these steps violates procedural law and may affect the outcome.

Keywords

AI generated
veteran disability pension political repression causal medical link remote expert opinion direct personal examination procedural violation Supreme Court cassation

Cited Legislation

AI generated
art. 12 of the Act of 24 January 1991 on combatants and certain persons who were victims of wartime and post-war repression
art. 7 of the Act of 27 May 1974 on the provision of benefits for disabled veterans and military personnel
art. 233 of the Code of Civil Procedure
art. 299 of the Code of Civil Procedure
art. 378 § 2 of the Code of Civil Procedure
art. 393 § 1 point 2 of the Code of Civil Procedure

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text