Supreme Court dismissed appeal; military medical commission opinion binds social insurance doctor only on service connection, not disability assessment.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a former soldier against a social insurance office's decision denying disability pension. The appellant argued that a military medical commission's 1997 opinion on gas poisoning should have been reconsidered by a court-appointed expert, claiming a contradiction in evidence. The court ruled that the military commission's opinion only binds the social insurance doctor regarding the service connection of injuries, not the assessment of work disability, which depends on the specific criteria of the Social Insurance Law.
Legislator headnote
AI generated§ 8 pkt 1 lit. a rozporządzenia Ministra Pracy i Polityki Socjalnej z dnia 8 sierpnia 1997 r. w sprawie orzekania o niezdolności do pracy do celów rentowych; The opinion of a military medical commission binds the social insurance doctor solely regarding the establishment of the service connection of injuries, not the assessment of work disability.