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II UKN 187/98 AI generated

Supreme Court dismissed pension claim for Soviet veteran injured during 1946 convoy, ruling deportation did not qualify under combatant laws.

Case Number II UKN 187/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed Janina K.'s cassation appeal against the Social Insurance Institution's refusal to grant her a war veteran's disability pension. The court found that her 1946 injury occurred during a convoy while she was forcibly deported to Kazakhstan, a circumstance not covered by the relevant statutes for combatant or war veteran status. Consequently, the lower courts correctly applied the laws in force at the time of her application, rejecting her argument that newer transitional provisions should retroactively alter the outcome.

Legislator headnote

AI generated

Art. 12 ust. 3 ustawy o kombatantach; Art. 6 ust. 2 ustawy zaopatrzeniowej: Injuries sustained during forced deportation to the USSR do not constitute war-related disability for pension purposes under the 1991 Act on Combatants.

Keywords

AI generated
combatant pension forced deportation Soviet Union retroactive application transitional provisions disability status convoy injury

Cited Legislation

AI generated
Art. 12 ust. 3 of the Act of 24 January 1991 on Combatants and Certain Persons Being Victims of War and the Postwar Period
Art. 6 ust. 2 of the Act of 29 May 1974 on the Provision of Care for War Veterans and Military and Their Families
Art. 28 of the Act of 24 January 1991 on Combatants
Art. 31 of the Act of 24 January 1991 on Combatants
Art. 393 § 12 of the Code of Civil Procedure

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