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Incapacity (463, 464,-666)

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Keywords: Incapacity
Total judgments found: 23

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  • Judgment 148


    23rd Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "[A]lthough the complainant's post-traumatic impairment was assessed at only 30 per cent by the Medical Board, his total incapacity for work is entirely attributable to the accident [...] and all other factors must be excluded. The complainant is accordingly entitled to the annual compensation payments laid down by [the applicable provision], i.e. to two-thirds of his final remuneration calculated on the basis of that provision."

    Keywords:

    cause; disability benefit; incapacity; invalidity; professional accident; rate;

    Consideration 1

    Extract:

    "Total incapacity for work must be taken to mean the inability of a staff member to perform duties corresponding to his training and qualifications."

    Keywords:

    definition; incapacity;

    Consideration 4

    Extract:

    "The conversion of annual compensation payments to a lump sum payment as provided for under [the applicable provision] is justified only in cases of permanent incapacity. As the Medical Board considers that the complainant's condition is capable of improvement his claim for conversion is not well founded."

    Keywords:

    condition; disability benefit; incapacity; lump-sum; rate;

    Consideration 1

    Extract:

    "[E]ven if the [...] injury would normally result in incapacity of only 30 per cent, it does not follow that the complainant's claim for compensation for total incapacity is unfounded. On the contrary, he would be entitled to such compensation if no factor other than the accident appears to have caused the recognised incapacity."

    Keywords:

    disability benefit; incapacity; invalidity; professional accident; rate; service-incurred;

    Consideration 7

    Extract:

    Due to his total incapacity for work, the complainant seeks the reimbursement of medical and pharmaceutical expenses in perpetuity. He "is entitled to reimbursement of such expenses only for as long as his condition so requires."

    Keywords:

    condition; health insurance; incapacity; medical expenses; professional accident; service-incurred;

    Consideration 3

    Extract:

    "The Medical Board did not find that the complainant was permanently incapacitated for work and did not rule out the possibility that he might be able to resume some kind of work in the future. In these circumstances the organization must retain the right to review the complainant's case from time to time and to adjust the compensation due to him in the light of any changes."

    Keywords:

    disability benefit; incapacity; medical examination; organisation; right;

    Consideration 1

    Extract:

    The experts found that "the complainant was wholly incapable of exercising the profession of engineer for which he had been trained and which he had carried on for a number of years [neither party claims that] the complainant would be able to engage even partially in any activities comparable to those of an engineer. In these circumstances the complainant must be regarded as totally incapacitated for work within the meaning of the applicable provisions."

    Keywords:

    expert inquiry; incapacity; medical examination; medical fitness;

    Consideration 5

    Extract:

    "The compensation annuity awarded to the complainant for total incapacity for work covers all damage to his health. There can therefore be no question of awarding him additional compensation for the loss of any particular faculty or organ."

    Keywords:

    disability benefit; incapacity; purpose;



  • Judgment 88


    15th Session, 1965
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "It is not inconceivable that an official might be so deeply affected by the termination of his appointment as to fall ill and to become incapacitated for work for a certain length of time. In the present case, however, the complainant could in any event have expected the termination of his appointment [at the end of the probationary period] and [...] failing quite exceptional circumstances, he had no grounds for maintaining that his dismissal led to the deterioration of his health and to incapacity for work after that date."

    Reference(s)

    ILOAT Judgment(s): 69

    Keywords:

    cause; illness; incapacity; injury; probationary period; termination of employment;



  • Judgment 26


    6th Session, 1957
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant adduces no satisfactory evidence that she suffered any working incapacity [...]. No satisfactory evidence has been adduced to prove that the payment of the sum recommended by the Medical Commission does not fully and generously compensate the complainant for the injury sustained".

    Keywords:

    advisory opinion; amount; compensation; evidence; incapacity; lack of evidence; medical board;

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Last updated: 07.05.2024 ^ top