Service-incurred (420,-666)
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Keywords: Service-incurred
Total judgments found: 87
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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 3442
119th Session, 2015
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the decision to dismiss internal appeals concerning a claim for compensation for service-incurred disability was flawed.
Judgment keywords
Keywords:
absence of final decision; complaint allowed; decision quashed; equal treatment; harassment; invalidity; joinder; service-incurred;
Judgment 3397
119th Session, 2015
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who had an accident recognized as work-related, unsuccessfully impugns the decision not to grant her appropriate compensation for the physical pain she suffered as a result of the accident.
Judgment keywords
Keywords:
complaint dismissed; 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 3300
116th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint filed against the decision not to consider the complainant's disability as resulting from an occupational disease.
Judgment keywords
Reference(s)
Organization rules reference: Articles 89(3), 89(4) and 90(1) of the Service Regulations
Keywords:
complaint dismissed; disability benefit; invalidity; medical board; medical opinion; order; pension; procedural flaw; service-incurred; staff regulations and rules;
Judgment 3222
115th Session, 2013
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to disclose some documents related to the procedure concerning his claim for compensation for a service-incurred illness.
Judgment keywords
Keywords:
complaint allowed; disclosure of evidence; service-incurred;
Judgment 3215
115th Session, 2013
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the complainant did not exhaust internal remedies concerning her claim of harassment and failed to prove negligence on the part of IAEA, the Tribunal dismissed her complaint.
Consideration 12
Extract:
"As discussed in Judgment 2804, negligence is the failure to take reasonable steps to prevent a foreseeable risk of injury. Liability in negligence is occasioned when the failure to take such steps causes an injury that was foreseeable. A person seeking damages for negligence bears the burden of establishing the factual foundation on which the claim is based."
Reference(s)
ILOAT Judgment(s): 2804
Keywords:
burden of proof; evidence; general principle; injury; liability; material damages; negligence; organisation's duties; professional accident; service-incurred; working conditions;
Judgment keywords
Keywords:
complaint dismissed; negligence; 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.
Consideration 14
Extract:
"The approach of the Organization, which is a reflection of the position adopted by the Managing Director, involves an assumption which would not, in all cases, be correct. The assumption is that work-related stress said by an employee to be the result of abuse and harassment, can only arise if, as an objective fact, there has been abuse and harassment. Such an approach takes no account of the possibility that stress can be the product of perceptions and not reality. Put slightly differently, an employee may be exposed to conduct which, viewed objectively, would not be characterised as abuse and harassment. But it does not follow that exposure to that conduct could not induce work-related stress in an employee who perceived that conduct as abusive and harassing. For this reason the answer to the question that was to be considered by the independent panel, i.e. whether the complainant had been subjected to “constant harassment and abuse” by her supervisor would not necessarily have answered the question raised by the complainant’s claim for compensation considered by the [Advisory Board on Compensation Claims]. Her claim raised the question of whether her supervisor’s conduct caused a stress-related illness not whether his conduct, viewed objectively, could be characterised as abuse and harassment."
Keywords:
advisory body; compensation; harassment; injury; service-incurred; working conditions;
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 3111
113th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint dismissed; service-incurred;
Consideration 6
Extract:
The question is not whether stress "can" cause debilitation leading to tuberculosis, but whether, on the balance of probabilities, it did so in this case (see Judgment 528, consideration 4 ). In this respect, the question as posed in Judgment 641, consideration 8, is whether there was "a causal link in the legal sense, that is to say some fairly definite connection between the cause and the effect". Thus in the present case, one must consider whether the complainant was subjected to stress and whether this led to a debilitated state in which she contracted tuberculosis. Only if these two questions are answered in the affirmative can the complainant succeed in her claim.
Reference(s)
ILOAT Judgment(s): 528, 641
Keywords:
service-incurred;
Consideration 8
Extract:
The complainant contends, by reference to Judgment 620, under considerations 2 and 4, that even if her illness cannot be attributed to her working conditions, the Tribunal may award limited damages. In Judgment 620, the defendant organisation had failed to conduct regular medical examinations as required by its rules. The Tribunal held that that failure had deprived the complainant of "an opportunity to take precautions against [his] illness" even though it was not established that regular medical examinations would have prevented it. There is nothing in the present case to suggest that the actions or inactions of WHO deprived the complainant of an opportunity to take precautions against contracting tuberculosis.
Reference(s)
ILOAT Judgment(s): 620
Keywords:
damages; medical examination; service-incurred;
Judgment 2996
110th Session, 2011
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
On the merits, attention must be drawn to the fact that, while the Tribunal may not replace the medical findings of a body such as an invalidity board with its own assessment, it does have full competence to say whether there was due process and to examine whether the board’s opinion shows any material mistake or inconsistency, overlooks some essential fact or plainly misreads the evidence (see, for example, Judgments 1284, under 4, or 2361, under 9).
Reference(s)
ILOAT Judgment(s): 1284, 2361
Keywords:
discretion; judicial review; medical board; service-incurred;
Judgment 2976
110th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[I]n Judgment 2533 the Tribunal observed that compensation for injury properly included 'past and future adaptations to the complainant's house and car' and that those expenses were 'on no different footing than other necessary expenses incurred as a consequence of [...] service related injury'."
Reference(s)
ILOAT Judgment(s): 2533
Keywords:
compensation; definition; disability benefit; health insurance; injury; insurance; medical expenses; service-incurred;
Judgment 2843
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4 and 6
Extract:
As a result of slipping on liquid in the Office's underground car park, the complainant suffered a fracture of the leg.
"The complainant contends [...] that the Office breached the duty of care owed to its employees by failing to provide a safe work environment. He maintains that the Office was negligent in its cleaning and maintenance of the car park and claims that it should have been mopped instead of just swept on a weekly basis and that the security staff were not specifically trained to check for and report oil or water stains."
"Given the nature of the premises, namely a car park, it cannot be concluded that it was reasonable for the Office to take measures in addition to those that were in place at the time of the accident. In particular, it cannot be concluded that it should have arranged for the mopping rather than the sweeping of the floors. Moreover, it has not been established that, even if additional measures had been taken, they would have eliminated the risk of injury. Accordingly, negligence has not been established and the complaint must be dismissed."
Reference(s)
ILOAT Judgment(s): 435, 2533, 2804
Keywords:
general principle; invalidity; liability; material damages; organisation's duties; professional accident; service-incurred;
Consideration 3
Extract:
Contrary to the Internal Appeals Committee’s view, it is well settled that in order to extend an organisation’s liability beyond its liability under its no-fault regime, a claimant must prove negligence or the intentional breach of a duty (see, for example, Judgments 435, under 5, and 2533, under 6).
As the Tribunal stated in Judgment 2804, under 25:
“Negligence is the failure to take reasonable steps to prevent a foreseeable risk of injury. Liability in negligence is occasioned when the failure to take such steps causes an injury which was foreseeable.”
Reference(s)
ILOAT Judgment(s): 435, 2533, 2804
Keywords:
negligence; organisation's duties; service-incurred;
Judgment 2714
104th Session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
[I]t is well settled that the Tribunal may not replace the findings of medical boards with its own, but it does have full competence to say whether there was due process and whether the reports used as a basis for administrative decisions show any material mistake or inconsistency, or overlook some essential fact or plainly misread the evidence (see for example Judgments 1284, under 4, and 2361, under 9).
Reference(s)
ILOAT Judgment(s): 1284, 2361
Keywords:
discretion; judicial review; medical board; service-incurred;
Judgment 2537
101st Session, 2006
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
One of the two members of the Medical Committee convened to examine the complainant's work capacity attached a handwritten statement to the report that an occupational origin of the invalidity could not be excluded. The Tribunal rules that "it was certainly not appropriate for members of the Office's Administration - faced with a clearly contradictory medical report - to approach the second expert in order to persuade him to withdraw his diverging opinion."
Keywords:
discontinuance; independence; invalidity; medical board; medical opinion; service-incurred;
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;
Consideration 6
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.
"It is common for a mature legal system to provide compensation on a 'no fault' basis to employees who suffer workplace injuries; the law of the international civil service can do no less."
Keywords:
applicable law; general principle; handicapped person; international civil service principles; invalidity; material damages; official; organisation's duties; professional accident; service-incurred;
Consideration 22
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.
"The absence of an indexation clause [of the "disability pension"], however, does not remove the defendant's obligation to provide the complainant with adequate compensation. The concern that the utility of the award may be reduced through spoliation is very real and could, in times of high inflation, conceivably, have the effect of negating the very purpose of the disability pension which is to make the complainant whole despite his service-related injury. That is only a possibility, however, and the Tribunal is reluctant to order indexation as a matter of routine when the feared spoliation may never occur to an extent significant enough to seriously affect the complainant's position. Exceptionally, the Tribunal will frame its order in such a way that the complainant may apply at a future date for an adjustment to any ongoing pension payments when and if the purchasing power of such payments has been reduced by at least 10 per cent. Such applications should be by way of request for the execution of the present judgment."
Keywords:
adjustment; application for execution; cost-of-living increase; disability benefit; handicapped person; invalidity; organisation's duties; professional accident; reckoning; service-incurred;
Consideration 18
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.
"[T]he expenses of necessary adaptations to house and car are on no different footing than other necessary expenses incurred as a consequence of the complainant's service-related injury and must be reimbursed."
Keywords:
handicapped person; health insurance; invalidity; medical expenses; organisation's duties; professional accident; refund; service-incurred;
Judgment 2190
94th Session, 2003
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It is incomprehensible that no internal administrative investigation was conducted following an accident which involved a [...] vehicle [of the organization] driven by an employee of the organization in the context of an official mission, and which caused the death of two passengers, one of whom was a [...] staff member [of the organization], as well as the serious injuries suffered by the complainant. The fact that the Namibian authorities opened their own enquiry could not in any way exempt the organization from ascertaining whether the condition of the vehicle, the preparation of the mission and, more generally, the circumstances of the accident revealed any administrative failure, the consequences of which it would have a duty to bear. [...] There is no evidence to suggest that any internal enquiry whatsoever was conducted in connection with this accident. This failure caused the complainant an injury which the Tribunal considers to be equitably compensated by an award of 5,000 United States dollars."
Keywords:
injury; inquiry; investigation; material damages; member state; misconduct; moral injury; omission; organisation's duties; professional accident; service-incurred;
Judgment 2091
92nd Session, 2002
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10 and 12
Extract:
The complainant had an accident while on duty. He signed a settlement agreement with the organisation and the CERN Pension Fund in order to solve the issue of the payment of an incapacity pension by the pension fund. "The ESO submits the complaint is not receivable as it does not allege non-observance of the terms of the complainant's appointment or of the [organisation]'s rules and regulations [...]. The Tribunal considers that since the settlement between the complainant, the [organisation] and the CERN Pension Fund arises out of the complainant's rights under his contract of employment as well as the Staff Rules and Regulations, it has jurisdiction to consider the effect of the trilateral agreement."
Keywords:
breach; cern pension fund; competence of tribunal; complainant; complaint; consequence; contract; definition; effect; iloat; incapacity; judicial review; organisation; payment; pension; professional accident; provision; receivability of the complaint; right; service-incurred; staff regulations and rules;
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;
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