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Service-incurred (420,-666)
You searched for:
Keywords: Service-incurred
Total judgments found: 87
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Judgment 4761
137th Session, 2024
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges WHO’s refusal to recognise that the illness from which he claims to suffer is service-induced.
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;
Judgment 4728
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Medical Committee’s decision to further extend his sick leave until 31 March 2015 and its failure to recognise that he suffered from invalidity attributable to the performance of official duties.
Judgment keywords
Keywords:
complaint dismissed; invalidity; medical examination; service-incurred; sick leave; step in the procedure;
Judgment 4709
136th Session, 2023
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal to recognise her illness as attributable to official duty.
Consideration 9
Extract:
Under the Tribunal’s case law, the standard of proof applicable in recognising that an illness is service-incurred is indeed that of the balance of probabilities (see, for example, Judgments 3111, consideration 6, 1971, consideration 15, 1373, consideration 16, and 528, considerations 4 and 5). As that case law sometimes frames it in another manner, it is enough for there to be “a causal link in the legal sense, that is to say, some fairly definite connection” between the diagnosed condition and the alleged occupational origin for a condition to be accepted as service-incurred (see Judgments 3111, consideration 6, and 641, consideration 8).
Reference(s)
ILOAT Judgment(s): 528, 641, 1373, 1971, 3111
Keywords:
illness; service-incurred; standard of proof;
Judgment keywords
Keywords:
complaint dismissed; illness; service-incurred;
Consideration 10
Extract:
[U]nder the Tribunal’s case law, where an illness has several possible causes – which is by definition the case of such a hearing loss, according to the scientific literature cited by the Medical Adviser – and only one or some of those causes are related to the complainant’s employment, there is no reason to recognise it as service-incurred unless those causes are shown to be the determining factor (see, in particular, Judgments 3111, considerations 3, 6 and 7, and 1752, consideration 9).
Reference(s)
ILOAT Judgment(s): 1752, 3111
Keywords:
illness; service-incurred;
Consideration 12
Extract:
[T]he Tribunal observes that, under the compensation scheme applicable in the event of illness attributable to official duty established by Article 8.3 of the Staff Regulations, which is the sole legal basis for the complainant’s compensation claim, the ILO incurs strict liability when such an illness is recognised but is not held negligent. While the award of compensation under this scheme does not rule out the possibility that the Organization may also be accused of negligence, the question of whether it is liable on that other basis is in principle a separate dispute (see, for example, Judgments 4222, consideration 15, 3946, consideration 17, and 3111, consideration 8). Consequently, the complainant is not in any event entitled, in the present case, to submit for the first time before the Tribunal claims based on the existence of such negligence.
Reference(s)
ILOAT Judgment(s): 3111, 3946, 4222
Keywords:
compensation; illness; service-incurred;
Judgment 4606
135th Session, 2023
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-recognition of her illness as an occupational illness and requests that her sick leave entitlements be re-credited to her.
Judgment keywords
Keywords:
claim moot; complaint dismissed; service-incurred; sick leave;
Judgment 4600
135th Session, 2023
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject her claim that her illness be recognized as service-incurred.
Consideration 6
Extract:
The Tribunal has consistently stated that international organizations have a duty to adopt appropriate measures to protect the health and ensure the safety of their staff members and that an organization which disregards this duty is liable to pay damages to the staff member concerned (see, for example, Judgment 3689, under 5). In the circumstances of this case, the organization breached its duty of care to the complainant when it rejected her claim for compensation for her service-incurred illness in the face of the overwhelming evidence, including four favourable medical reports, and its failure to ensure a healthy work environment to protect her health.
Reference(s)
ILOAT Judgment(s): 3689
Keywords:
duty of care; health; service-incurred;
Judgment keywords
Keywords:
complaint allowed; service-incurred;
Judgment 4508
134th Session, 2022
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject his claim for compensation for a service-incurred disability.
Judgment keywords
Keywords:
complaint allowed; service-incurred;
Judgment 4468
133rd Session, 2022
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision refusing to submit the alleged increase in her whole person impairment rating to the Medical Board and to reject her claim for compensation based on this alleged increase.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; patere legem; service-incurred;
Judgment 4464
133rd Session, 2022
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the WTO’s refusal to recognise the illness from which he states he suffers as service-incurred.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; medical board; service-incurred;
Judgment 4324
130th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The applicant seeks execution in full of Judgments 3045 and 3792 and recognition that the disease which led to his invalidity status is occupational.
Judgment keywords
Keywords:
application for execution; complaint dismissed; illness; service-incurred;
Judgment 4298
130th Session, 2020
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject his claim for compensation for a service-incurred disability.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; illness; service-incurred;
Judgment 4246
129th Session, 2020
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-recognition of her illnesses as occupational illnesses.
Judgment keywords
Keywords:
complaint dismissed; illness; service-incurred;
Judgment 4242
129th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to consider her claim for compensation for illness attributable to the performance of official duties.
Judgment keywords
Keywords:
complaint dismissed; illness; internal remedies exhausted; receivability of the complaint; service-incurred;
Judgment 4239
129th Session, 2020
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment for health reasons and claims that the compensation she received for her service-incurred injury is grossly inadequate.
Judgment keywords
Keywords:
complaint allowed; decision quashed; duty of care; professional accident; service-incurred;
Consideration 25
Extract:
One of its staff had been injured, as it turns out seriously, in a car accident while on a mission overseas when performing work for the Organization. WHO had an ongoing responsibility to do all it could to mitigate the effects of the accident as part of a more general obligation to protect the health and ensure the safety of its staff (see Judgment 3994, consideration 8). It is true that Dr H. asked the complainant to see her on her return and she did not. But that provides no real justification for WHO effectively doing nothing by way of further mitigating the effects of the accident. The complainant is entitled to moral damages for this breach of the duty of care.
Reference(s)
ILOAT Judgment(s): 3994
Keywords:
duty of care; injury; mitigation of loss; moral injury; service-incurred;
Consideration 33
Extract:
The complainant says that in addition to the damages sought, the Tribunal should “recognize her future right to request compensation in the event of any deterioration of her health attributable to the service-incurred injury for any additional expenses resulting, without limitation, from any treatment, examination and in-house/nursing care”. She cites Judgment 2533, consideration 26, in which the Tribunal said “the defendant’s obligation to pay the complainant reasonable compensation for the results of his workplace injury is a continuing one”. If, and to what extent, such a claim of compensation might be justifiably made in the future and rejected is a matter of speculation though WHO’s future obligations are not, in all respects, resolved by this judgment.
Reference(s)
ILOAT Judgment(s): 2533
Keywords:
damages; injury; service-incurred;
Judgment 4228
129th Session, 2020
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject his request for compensation for loss of earnings allegedly caused by a service-incurred injury.
Judgment keywords
Keywords:
complaint dismissed; injury; service-incurred;
Consideration 2
Extract:
The present complaint hinges primarily on a question of law: whether or not the complainant is entitled to compensation for loss of earnings under the FAO Manual Section 342 on Compensation for Death, Injury or Illness. The Tribunal is satisfied that the complainant is not entitled to compensation for loss of earnings; he is only entitled to the salary and allowances provided by his contract with the FAO plus the reimbursement of his medical expenses stemming from his service-incurred injury, which he received in full.
Keywords:
injury; loss of earnings; material damages; service-incurred;
Judgment 4222
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal of UNESCO to award full compensation for the injury suffered as a result of an accident recognized as being service-incurred.
Judgment keywords
Keywords:
complaint allowed; decision quashed; professional accident; service-incurred;
Judgment 4210
129th Session, 2020
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss as irreceivable his claim for compensation for injury or illness attributable to service.
Consideration 7
Extract:
It is to be recalled that Article 12 of Appendix D provides that claims for compensation shall be submitted within four months of, relevantly, the “onset of the illness”. The language of the Article is, in this respect, clear as is the purpose of the time limit as discussed in Judgment 3949 in the quotation set out above. There is no warrant for reading into the provision a qualification of the type advanced by the complainant. It is clear from the evidence that the complainant was aware or believed that the illness from which he suffered which led him to take sick leave in June 2015 was work-related. There is no reason to doubt that the ABCC was correct in concluding that the onset of the illness was, at the latest, June 2015. The related argument that a too narrow construction of the expression “onset of the illness” would give rise to arbitrary decision-making is unfounded. Ultimately whether the time limit has been met will depend on the facts of any particular case and it has to be borne in mind that there is an overriding discretion invested in the Director-General by Article 12 itself to accept for consideration a claim lodged out of time in exceptional circumstances.
Keywords:
service-incurred; time limit;
Judgment keywords
Keywords:
complaint dismissed; service-incurred; time bar;
Judgment 4162
128th Session, 2019
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the final decision on her claim for compensation for a service-incurred injury or illness.
Judgment keywords
Keywords:
complaint allowed; decision quashed; illness; service-incurred;
Judgment 4127
127th Session, 2019
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for review of Judgment 3994.
Judgment keywords
Keywords:
application for review; complaint dismissed; illness; service-incurred; summary procedure;
Judgment 4118
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the findings of the Medical Committee according to which his invalidity is not of occupational origin.
Judgment keywords
Keywords:
complaint dismissed; invalidity; medical board; service-incurred;
Judgment 4117
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the finding that his invalidity was not caused by an occupational disease.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; invalidity; medical board; service-incurred;
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