Legislator Case Law & Legislation
II UKN 154/98 AI generated

War pension denied because civilian disability commission, not military doctor, must certify war-related disability.

Case Number II UKN 154/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the applicant's cassation appeal against the denial of a war veteran's pension. Although the applicant was wounded during the Warsaw Uprising, the lower courts found that a civilian disability commission, not the military medical commission, must certify the causal link between the injury and current disability. The court ruled that the medical evidence showed the applicant's conditions were age-related rather than war-induced, making the statutory requirement for a civilian commission's certification decisive.

Legislator headnote

AI generated

Art. 6-9, Art. 57 ust. 2 of the Act on the Provision of War Veterans and Military Invalids and Their Families; A war veteran's pension requires certification by a civilian disability commission establishing the causal link between war injuries and current disability, not merely by a military medical commission.

Keywords

AI generated
war veteran pension disability certification civilian commission causal link Warsaw Uprising medical evidence statutory procedure

Cited Legislation

AI generated
Art. 6-9 of the Act on the Provision of War Veterans and Military Invalids and Their Families
Art. 57 ust. 1 of the Act on the Provision of War Veterans and Military Invalids and Their Families
Art. 57 ust. 2 of the Act on the Provision of War Veterans and Military Invalids and Their Families
Art. 393 12 KPC

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