The court explained when a serviceman is entitled to payment of 100 thousand hryvnias during treatment

post-img

2 min to read

The second appellate administrative court confirmed that the military medical commission’s conclusion that the serviceman’s illness is related to the defense of the Motherland is not a sufficient basis for receiving an additional reward of up to 100,000 hryvnias.

The court considered the case of a former military serviceman who demanded to declare the inaction of the military unit as illegal in not charging an increased remuneration for the period of his inpatient treatment in 2022. During his service, he was treated and had a hip joint replacement, but he received only a standard additional payment of 30,000 hryvnias in accordance with Cabinet of Ministers Resolution No. 168.

The plaintiff insisted that he was entitled to an increased payment, as the military medical commission established a causal connection between his illness and the defense of the Motherland. However, the appellate court emphasized: the law clearly distinguishes between the concepts of “disease” and “injury, contusion, injury or maiming”, which have different legal consequences.

The panel of judges noted that the increased compensation of up to 100,000 hryvnias is provided only in cases of treatment after injury, contusion, trauma or mutilation received during the defense of the state. In this case, the VLK registered the disease itself, and not a combat wound.

The court also drew attention to the absence in the case file of a certificate on the circumstances of the injury in the established form, which is mandatory for the appointment of such a payment.

In view of this, the appellate court dismissed the appeal and confirmed the decision of the court of first instance: the causal connection of the disease with the completion of the service is not a sufficient legal basis for the payment of the increased remuneration.

Without an author