Illness (408, 409, 410, 411, 415, 416, 417, 418, 419, 422, 678,-666)
You searched for:
Keywords: Illness
Total judgments found: 77
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Judgment 3689
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contends that he contracted onchocerciasis, a parasitic disease which may eventually lead to blindness, during the performance of his duties as a collector of insects that are vectors of the disease, in Côte d’Ivoire under WHO’s Onchocerciasis Control Programme.
Consideration 3
Extract:
As a rule, the Tribunal cannot substitute its own opinions for those of medical experts or determine whether or not the physical condition of an official stems from an occupational illness. This does not, however, preclude it from forming an opinion predicated on the diverging conclusion of the competent medical bodies.
Keywords:
illness; judicial review; service-incurred;
Judgment keywords
Keywords:
complaint allowed; decision quashed; illness; service-incurred;
Judgment 3684
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Director-General's decision to have his compensation claim for service-incurred illness reviewed and to award him costs but not to award him moral damages.
Judgment keywords
Keywords:
compensation; complaint dismissed; illness; service-incurred;
Judgment 3668
122nd Session, 2016
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to award him the disability-related compensation foreseen by Appendix D to UNIDO Staff Rules.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; final decision; illness; service-incurred;
Judgment 3577
121st Session, 2016
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the implied rejection of their claims of harassment, undue termination and professional illness.
Judgment keywords
Keywords:
complaint dismissed; harassment; illness; joinder; service-incurred; termination of employment;
Judgment 3497
120th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the refusal of her request that her mother’s condition be recognized as a serious illness.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; health insurance; illness; medical expenses; medical opinion;
Judgment 3451
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint is dismissed for failure to exhaust internal remedies.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3050, 3219
Keywords:
complaint dismissed; failure to exhaust internal remedies; illness; service-incurred;
Judgment 3446
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the complainant's accident was a commuting accident that was attributable to the performance of his official duties.
Consideration 5
Extract:
"[I]f one accepts, as the ILO does, that the duty to pay compensation for injury attributable to the performance of official duties extends to circumstances where the staff member was commuting to and from work, then the issue of what is commuting should be approached in a principled way. It is too narrow an approach to ask what are the boundaries of the staff member’s house, in a physical sense, in order to determine where and thus when she or he left the house to travel to work. Rather the question is whether the staff member was engaged in, at the time of the accident, an activity which had the direct objective and effect of transporting (by whatever means, including walking) the staff member to her or his place of work to perform her or his duties. Or, put slightly differently, whether the staff member was engaged in an activity of this type which she or he would not have engaged in but for the need to travel to her or his place of work."
Keywords:
illness; service-incurred;
Judgment keywords
Keywords:
complaint allowed; decision quashed; illness; service-incurred;
Judgment 3396
119th Session, 2015
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: In relation with the complainant's service-incurred illness, the Tribunal concluded that she was entitled to an invalidity payment.
Judgment keywords
Keywords:
complaint allowed; illness; invalidity; service-incurred;
Judgment 3173
114th Session, 2013
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the refusal to grant her compensation for an illness which she considers as attributable to the performance of her official duties.
Judgment keywords
Keywords:
compensation; complaint dismissed; illness; service-incurred;
Judgment 3145
113th Session, 2012
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; illness; invalidity; service-incurred; unjspf;
Judgment 2533
101st Session, 2006
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 26
Extract:
The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.
"[G]iven the possibly progressive nature of [the illness], the condition may continue to deteriorate seriously. [...] the Tribunal asserts unequivocally that the defendant's obligation to pay the complainant reasonable compensation for the results of his workplace injury is a continuing one and is not affected or diminished by the terms of an insurance policy to which the complainant is not a party."
Keywords:
consequence; disability benefit; handicapped person; health insurance; illness; insurance; invalidity; maximum limit; medical examination; organisation's duties; professional accident; provision; service-incurred;
Judgment 2290
96th Session, 2004
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Organisation contends that the internal appeal against a decision not to refund medical costs was not lodged in time. In doing so, it takes as the starting point of the time-limit the insurance representative's statement of account rejecting the request for refund. This "plea [...] is unfounded [...] This is because the insurance representative is not an organ of the Organisation, able to take decisions in the meaning of the Office's Service Regulations for Permanent Employees. Decisions concerning insurance benefits are taken by the Office, and more specifically by its President, in accordance with Article 83 of those Regulations."
Reference(s)
Organization rules reference: Article 83 of the Service Regulations for Permanent Employees of the European Patent Office
Keywords:
complaint; decision; executive head; health insurance; illness; insurance; internal appeal; medical expenses; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit;
Judgment 2160
93rd Session, 2002
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Clearly, most of the relief claimed is not within the power of the Tribunal to grant at this stage for it depends upon a finding by a competent body (a medical board) that the complainant in fact suffers from the psychological condition mentioned and a finding by another competent body (a compensation board) that such condition is service-related. Equally clearly, however, she is entirely within her rights to demand that such bodies be constituted without delay."
Keywords:
claim; competence of tribunal; complaint; delay; illness; medical board; organisation's duties; receivability of the complaint; right;
Judgment 2083
92nd Session, 2002
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
The complainant suffered from retinal detachments and a detachment of the vitreous. The organization recognised her eye condition as service incurred. In "September 1998 [...] the [organization] decide[d] to stop reimbursing the bills [she submitted] on [the] grounds [...] that curing her retinal detachments was no longer the object of the treatment. However, it did not show that the service-incurred injuries were not a "direct and principal" cause of the treatment [... ] The Tribunal takes the view that although, as the organization says, the decision to stop reimbursing the bills was at the discretion of the Director-General, it could not be taken without an independent expert medical opinion obtained through a process which provides all the safeguards of transparency and impartiality." The case is therefore sent back to the organization.
Keywords:
consequence; decision; discretion; due process; executive head; expert inquiry; grounds; illness; independence; lack of evidence; medical expenses; medical opinion; organisation; organisation's duties; procedure before the tribunal; professional accident; refund; refusal; safeguard; service-incurred;
Judgment 2063
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
After the complainant underwent surgery, the insurance brokers refused to cover his convalescence in a home. "In order to assess any physical injury suffered by the complainant, it is necessary to ascertain the later consequences for his health of the refusal to meet the costs of his admission to a convalescent home, and the fact that he did not as a result stay in such a home. These are purely medical matters which [...] need to be referred to the Invalidity Committee".
Keywords:
claim; competence; consequence; health insurance; illness; medical board; medical expenses; receivability of the complaint; refund; refusal; request by a party;
Judgment 1904
88th Session, 2000
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
When the Tribunal gives an organisation the choice to either reinstate a complainant or pay damages, and the organisation chooses to pay damages, it does not have to pay the contributions of the pension fund or the staff health insurance.
Keywords:
allowance; contribution rate; contributions; health insurance; illness; insurance; judgment of the tribunal; material damages; pension; reconstruction of career; reinstatement; unjspf;
Judgment 1894
88th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It is not for the complainant [...] to judge whether the information requested by [the insurance company] is necessary in order to enable it to assess her claims. That is a matter for the professional assessment of [the insurance company] and its medical adviser and the Tribunal would not interfere unless it was satisfied that the information was being sought for some abusive or improper purpose."
Keywords:
evidence; good faith; health insurance; illness; insurance; judicial review; limits; medical examination; medical expenses; staff member's duties; tribunal;
Judgment 1889
87th Session, 1999
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
The complainant was assigned to Chad in 1991 and contracted Hepatitis B in 1993. "The Appeals Committee considers that the medical service did not completely fulfil its role and did not offer the staff member concerned the advice that it could have supplied. The Appeals Committee even refers to responsibility being equally shared'. In practice, there could be no grave fault of the medical service incurring the responsibility of the organization unless the protective measures recommended by a competent authority had been disregarded. In the material case, the organization demonstrates that in 1991 [...] the World Health Organization's guidelines did not specifically recommend vaccination against Hepatitis B for persons posted to African countries affected by an endemic illness of this type."
Keywords:
breach; illness; liability; medical consultant; negligence; no provision; organisation; organisation's duties; rule of another organisation; service-incurred;
Judgment 1880
87th Session, 1999
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"According to precedent [...] (see Judgments 1094 [...] and 1095 [...]), coverage at the rate of 100 per cent does not mean that in all circumstances an insured person is entitled to full repayment of expenses incurred. [T]o allow the [sickness] fund not to reimburse the part of the expenses deemed to be excessive is in keeping with the purpose of sickness insurance and it is a means of ensuring sound financing and comparable coverage for the beneficiaries, and as such falls within the authority delegated to the Director General. The reimbursement of expenses can be restricted by setting maximum limits or ceilings for certain types of expenditure or by reckoning limits for each case on the basis of costs incurred."
Reference(s)
Organization rules reference: ARTICLE 72 OF EUROCONTROL STAFF REGULATIONS
ILOAT Judgment(s): 1094, 1095
Keywords:
case law; health insurance; illness; insurance; limits; maximum limit; medical expenses; purpose;
Judgment 1848
87th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant questions the right of the insurance company to which she is affiliated to contact her physicians directly to seek information. "The law is clear that [the insurance company] is entitled to any information which identifies the nature of the alleged illness and allows it to determine whether the prescribed treatment is appropriate and necessary [...] Of course the complainant is entitled to require that such information only be made available to [the insurance company's] medical adviser and be treated by the latter in confidence but she is not entitled to withhold from them any right of access whatsoever to the required medical information. Her unwillingness to allow such access goes against her duty to deal in good faith with her insurers."
Reference(s)
ILOAT Judgment(s): 1288
Keywords:
conduct; confidential evidence; elements; good faith; health insurance; illness; insurance; medical consultant; medical records; refusal; safeguard; staff member's duties;
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