Legislator Case Law & Legislation
II UKN 382/99 AI generated

Supreme Court dismissed pension claim for disability linked to Soviet deportation due to lack of medical causation.

Case Number II UKN 382/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Anna W. against the Social Insurance Institution's refusal of a disability pension. The court found that medical experts determined her current conditions, including psychiatric issues and cancer, were not causally linked to her 1940s deportation to the USSR. Consequently, the statutory requirement to prove a direct causal relationship between the deportation and the inability to work was not met.

Legislator headnote

AI generated

Art. 12 ust. 2 pkt 1; Art. 12 ust. 3 ustawy z dnia 24 stycznia 1991 r. o kombatantach: A claim for disability benefits based on time spent in deportation requires proof of specific injuries or diseases directly causing the inability to work; mere suffering or psychological trauma without medical causation is insufficient.

Keywords

AI generated
disability pension causal relationship Soviet deportation medical expertise inability to work social insurance cassation appeal

Cited Legislation

AI generated
Art. 12 ust. 2 pkt 1 ustawy z dnia 24 stycznia 1991 r. o kombatantach
Art. 12 ust. 3 ustawy z dnia 24 stycznia 1991 r. o kombatantach
Art. 379 pkt 5 KPC
Art. 233 § 1 KPC
Art. 472 KPC
Art. 473 KPC
Art. 393 § 12 KPC

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