Service-incurred (420,-666)
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Keywords: Service-incurred
Total judgments found: 87
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Judgment 4032
126th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to accept for consideration on the merits her compensation claim for service-incurred injury.
Judgment keywords
Keywords:
compensation; complaint dismissed; injury; service-incurred;
Judgment 4003
126th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks compensation for damages related to her arrest and detention in Libya while on an official mission.
Judgment keywords
Keywords:
compensation; complaint allowed; official travel; service-incurred;
Judgment 3998
126th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant her compensation pending a determination by a medical expert as to whether her illness in 2012 through 2014 was service-incurred.
Judgment keywords
Keywords:
compensation; complaint dismissed; illness; service-incurred;
Consideration 11
Extract:
The Tribunal finds that as sick leave must be approved by the Director General, the nature of the sick leave must also be approved. Considering that sick leave for service-incurred illness is an exception to the general sick leave entitlements, it follows that if further verifications are requested, WIPO is bound to treat the staff member’s illness under the usual terms for sick leave until the determination by [the United Nations Office at Geneva Medical Services Section] that the illness is service-incurred (see Judgment 3591, consideration 11). The Tribunal notes that this practice is not prejudicial to staff members as any eventual determination that an illness or injury is service-incurred will naturally be remedied retroactively to the start date of the determined period of service-incurred illness or injury.
Reference(s)
ILOAT Judgment(s): 3591
Keywords:
service-incurred; sick leave;
Judgment 3994
126th Session, 2018
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges CERN’s refusal to recognise the illness from which she says she suffers as occupational.
Judgment keywords
Keywords:
complaint allowed; illness; service-incurred;
Judgment 3951
125th Session, 2018
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject her claims for compensation for service-incurred injury or illness.
Judgment keywords
Keywords:
complaint dismissed; illness; service-incurred;
Judgment 3949
125th Session, 2018
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss as irreceivable his claims for compensation for injury or illness attributable to service.
Consideration 3
Extract:
The Tribunal has accepted that it is not always necessary for there to be strict compliance with the requirements of Circular AC.75 (see, for example, Judgments 3668, consideration 13, and 3004, consideration 5). This is appropriate having regard to the purpose and object of Appendix D, namely to provide benefits to staff members whose work has negatively impacted on their health including, in the most extreme case, causing the death of the staff member. Nonetheless, those requirements, and in particular the time limit derived from Appendix D itself, exist for a purpose. They enable the Organization to be made aware, in a timely way and with some detail, that a claim is being made and therefore its liability, potentially, is being enlivened. The time limit serves several purposes. One is that it enables an investigation to be made about the cause of the death, injury or illness and to examine whether it is work-related at a point in time when the facts are not stale. Medical opinions can be obtained at a time proximate to the time of alleged causation and, if relevant, information can be obtained from those who may have observed an event or events said to have caused the death, injury or illness when memories are fresh. Another is that it enables an organization and, if relevant, its insurance broker to monitor over time potential financial and related liability arising from claims that might succeed.
Reference(s)
ILOAT Judgment(s): 3004, 3668
Keywords:
service-incurred; time limit;
Judgment 3919
125th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Director-General’s decision to reject her claim for compensation for service-incurred illness.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; illness; service-incurred;
Judgment 3910
125th Session, 2018
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the IAEA’s refusal to recognise his illness as service-incurred.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; illness; service-incurred;
Judgment 3854
124th Session, 2017
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not award him compensation for a service-incurred disability.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; service-incurred;
Judgment 3791
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the implied rejection of her internal appeal against the EPO’s refusal to recognise her medical condition as an occupational disease and to reimburse her for the relevant medical expenses which she incurred.
Judgment keywords
Keywords:
complaint dismissed; health insurance; illness; medical expenses; service-incurred;
Judgment 3745
123rd Session, 2017
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the FAO’s refusal to recognise his partial permanent impairment as service-incurred and to award him compensation corresponding to the rate of that impairment.
Consideration 4
Extract:
The Tribunal will not substitute its own determination for the medical findings upon which that decision was based and finds no misuse of authority, error of law or of fact, as the complainant contends, either in the decision or in the process by which it was made. Neither is there any discernible arbitrariness in the decision not to recognize that the subject injury was service-incurred, as the complainant contends.
Keywords:
service-incurred;
Judgment keywords
Keywords:
complaint dismissed; service-incurred;
Judgment 3735
123rd Session, 2017
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Director General’s decision to recognise her illness as “possibly related” to the service-incurred injuries which she sustained on previous occasions.
Judgment keywords
Keywords:
complaint dismissed; service-incurred; time bar;
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 3591
121st Session, 2016
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reduce his salary by half following the exhaustion of his entitlement to sick leave on full salary and pending a determination by an ad hoc medical board as to whether his illness is service-incurred.
Judgment keywords
Keywords:
complaint dismissed; counterclaim; reduction of salary; salary; service-incurred; sick leave;
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 3507
120th Session, 2015
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant requests the payment of various sums in consequence of the decision to grant her a permanent disability benefit.
Judgment keywords
Keywords:
complaint allowed; decision quashed; disability benefit; service-incurred;
Judgment 3506
120th Session, 2015
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal of some of her requests for the defrayal of medical expenses.
Judgment keywords
Keywords:
complaint allowed; decision quashed; health insurance; joinder; medical expenses; service-incurred;
Judgment 3491
120th Session, 2015
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who suffered service-incurred injuries and engaged in swimming therapy, impugns the decision to only partially reimburse the cost of her gym membership.
Judgment keywords
Keywords:
complaint allowed; decision quashed; health insurance; joinder; medical expenses; service-incurred; sick leave;
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