Supreme Court dismissed cassation claiming lack of scientific opinion violated jurisdiction under Art. 290 KPC.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Zofia B. against the Social Insurance Institution's denial of a war invalidity pension. The lower courts determined that the applicant's disability, including psychiatric conditions, was not causally linked to her deportation to the former USSR, despite her request for a specialized scientific opinion. The Supreme Court ruled that the appellate court did not violate jurisdiction because the existing expert opinions were sufficient to resolve the factual dispute regarding the causal link, rendering the requested scientific opinion unnecessary.
Legislator headnote
AI generatedArt. 290 § 1 zd. 1 KPC; Art. 393 § 1 KPC: A request for a scientific opinion violates jurisdiction only if the opinion is instrumental in clarifying essential facts; otherwise, existing expert evidence suffices to resolve the causal link between deportation and disability.