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II UKN 692/98 AI generated

Supreme Court dismissed cassation; war disability requires expert medical opinion, not witness testimony, under Polish Civil Procedure Code.

Case Number II UKN 692/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
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Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Czesław P. against the Social Insurance Institution's denial of a war disability pension. The lower courts determined the applicant's severe health condition was unrelated to wartime actions based on expert medical opinions. The Supreme Court rejected the claim that witness testimony could prove the causal link, ruling that such a connection requires specialized medical knowledge as mandated by law.

Legislator headnote

AI generated

Art. 278 § 1 KPC; Art. 217 § 1 KPC; Art. 212 KPC; Art. 5 KPC; Art. 393 KPC: Determining the causal link between a disability and wartime actions requires specialized medical knowledge obtainable only through expert opinions, rendering witness testimony inadmissible for this specific factual issue.

Keywords

AI generated
war disability pension expert medical opinion specialized knowledge requirement witness testimony inadmissibility causal link determination civil procedure code social insurance benefits

Cited Legislation

AI generated
Art. 278 § 1 KPC
Art. 217 § 1 KPC
Art. 212 KPC
Art. 5 KPC
Art. 393 KPC
Act of 29 May 1974 on the care of war invalids and servicemen and their families

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