Judgment No. 4761
Decision
The complaint is dismissed.
Summary
The complainant challenges WHO’s refusal to recognise that the illness from which he claims to suffer is service-induced.
Judgment keywords
Keywords
occupational illness; complaint dismissed
Consideration 2
Extract:
Since this involves a medical matter, the Tribunal recalls that, according to consistent precedent, it may not replace the findings of medical experts with its own assessment. However, it does have full competence to say whether there was due process and to examine whether the medical reports on which administrative decisions are based show any material mistake or inconsistency, overlook some essential fact or plainly misread the evidence (see, in particular, Judgments 4699, consideration 6, 4694, consideration 11, 4464, consideration 7, 3994, consideration 5, and 3361, consideration 8).
Reference(s)
ILOAT Judgment(s): 3361, 3994, 4464, 4694, 4699
Keywords
medical opinion; judicial review; role of the tribunal
Considerations 4-5
Extract:
The Tribunal considers that, in the absence of any provision to the contrary, there is nothing to prevent a medical board from taking into consideration matters that pre-date those in respect of which it has specifically been convened. [...]
[...] The Tribunal recalls in this regard that, in accordance with its case law, where an illness has several possible causes and only one or some of those causes are connected to professional activity, it can only be recognised as a service-induced illness if those particular causes were the determining factor (see, in particular, Judgment 4709, considerations 9 and 10, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 4709
Keywords
illness; service-incurred
Consideration 10
Extract:
In his rejoinder, the complainant asks for the case to be sent back to the Organization so that the internal complaints procedure for harassment can be initiated.
However, the Tribunal considers that this constitutes a new claim, which a complainant is not permitted to enter in her or his rejoinder (see, in particular, Judgments 4396, consideration 7, 4092, consideration 10, and 3086, consideration 3(d)).
Reference(s)
ILOAT Judgment(s): 3086, 4092, 4396
Keywords
new claim; rejoinder
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