Legislator Case Law & Legislation
II UKN 20/98 AI generated

Mental deterioration during peacetime service recognized as military disability causing second-group invalidity.

Case Number II UKN 20/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the veteran's claim for military disability pension. The court found that while the veteran's schizophrenia was endogenous, the military service likely triggered or accelerated its progression to a second-group disability. Consequently, the court ruled that the deterioration during service constituted a military disability, reversing the lower court's decision.

Legislator headnote

AI generated

Ustawa o z.i.w. art. 30; Kodeks postępowania cywilnego art. 290 § 1, 393 § 13: Deterioration of a soldier's mental health during peacetime service to the degree of second-group disability may be recognized as causing military disability if the service acted as a triggering or accelerating factor.

Keywords

AI generated
military disability pension mental deterioration service schizophrenia endogenous triggering factor service second group invalidity peacetime military service causation medical

Cited Legislation

AI generated
art. 30 of the Act on Military Disability
art. 290 § 1 of the Code of Civil Procedure
art. 393 § 13 of the Code of Civil Procedure

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