Jugement n° 4763
Décision
The complaint is dismissed.
Synthèse
The complainant challenges the decision to reject her claim that her illnesses be recognized as service-incurred.
Mots-clés du jugement
Mots-clés
Recevabilité de la requête; Etape de la procédure; Moyens de recours interne non épuisés; Requête rejetée
Considérant 1
Extrait:
The complainant has applied for oral proceedings under Article 12, paragraph 1, of the Tribunal’s Rules by ticking this option in the complaint form. The Tribunal observes that the parties have presented ample written submissions and documents to permit the Tribunal to reach an informed and just decision on the case. Thus, the request for oral proceedings is rejected.
Mots-clés
Débat oral
Considérant 2
Extrait:
[A]ny pleas concerning the question of whether [the complainant’s] medical condition was service-incurred relating to the 12 June decision are premature, since, in the end, the Director-General did not decide on this matter but decided to refer it to a medical board.
The 12 June 2020 decision, even though taken after an internal appeal process, refers the case to a medical board and is only a step in the process, not a final decision within the meaning of Article VII, paragraph 1, of the Statute of the Tribunal (see, generally, Judgment 4636, considerations 4 and 5). Therefore, the complaint is irreceivable.
Référence(s)
ILOAT Judgment(s): 4636
Mots-clés
Commission médicale; Etape de la procédure
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