Legislator Case Law & Legislation
II UKN 565/00 AI generated

Supreme Court dismisses pension claim for forced labor injury, ruling the 3-year disability grouping rule does not apply.

Case Number II UKN 565/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding a pension claim for disability resulting from forced military labor. The applicant argued that the three-year disability grouping rule from the Veterans' Pensions Act should apply, but the Court held that this provision is inapplicable to forced labor cases. Consequently, the Court found the lower court's decision correct because the applicant's current disability was unrelated to the 1954 accident, failing the statutory causation requirement.

Legislator headnote

AI generated

Art. 30 ust. 1 pkt 2 ustawy z dnia 29 maja 1974 r. o zaopatrzeniu inwalidów wojennych i wojskowych; Art. 8 ustawy z dnia 2 września 1994 r. o dodatku i uprawnieniach przysługujących żołnierzom zastępczej służby wojskowej: The three-year disability grouping rule for veterans' pensions does not apply to injuries sustained during forced military labor, as such cases are governed by the Workers' Pensions Act which does not require a specific time limit for disability recognition.

Keywords

AI generated
forced military labor veterans pension disability grouping rule causation requirement pension eligibility workers pension act cassation appeal

Cited Legislation

AI generated
Art. 30 ust. 1 pkt 2 of the Act of 29 May 1974 on the provision of benefits to disabled veterans and military personnel and their families
Art. 8 of the Act of 2 September 1994 on additional benefits and entitlements for soldiers of substitute military service forcedly employed in coal mines
Art. 36 of the Act of 14 December 1982 on the provision of pensions for employees and their families

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