Invalidity (465, 466, 467, 653,-666)

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Keywords: Invalidity
Total judgments found: 48

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• Judgment 435

  
  45th Session, 1980
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2(A)

  Extract:

  The complainant claimed compensation for bodily injury in an appeal submitted to the internal appeals board. He claims compensation for loss of earning capacity resulting from the same injury in his claim to the Tribunal. The principle that the facts relied on in the internal proceedings should be the same as those relied on in the complaint to the Tribunal has not been infringed. However, in the internal appeal he claimed compensation of 18,000 francs but is now asking the Tribunal to grant him a larger sum. Insofar as he is seeking compensation exceeding 18,000 francs his complaint is irreceivable.

  Keywords:

  amount; complaint; difference; incapacity; internal appeal; invalidity; material damages; new claim; receivability of the complaint;
  

  
  
  

• Judgment 402

  
  43rd Session, 1980
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  As to loss of earning capacity on account of long-term invalidity, "there is no general principle by which compensation is restricted to the period of the employee's contract with the employer who is liable. It is quite usual for persons of pensionable age to seek further employment and there is no reason why a loss of earning capacity should not apply to that."

  Keywords:

  compensation; duration of appointment; incapacity; invalidity; material damages; period; professional accident; retirement; service-incurred;
  

  
  
  

• Judgment 362

  
  41st Session, 1978
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "Under Article II of its Statute the Tribunal is open to any official [...] who is in dispute with the organisation concerning the compensation provided for in cases of invalidity, injury or disease incurred by him in the course of his employment."

  Reference(s)

  ILOAT reference: ARTICLE II OF THE STATUTE
  
  

  Keywords:

  competence of tribunal; illness; iloat statute; invalidity; professional accident; service-incurred;
  

  
  
  

• Judgment 349

  
  40th Session, 1978
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 31

  Extract:

  "Under [the applicable provision] the complainant should have made his claim within six months from the date the injury originated or at latest within six months of the date when its serious consequences became manifest, and this he has failed to do. It is not enough to report the occurrence, as the complainant claims he did to a direct superior or to the organisation's male nurse or medical doctor; there must be a claim for compensation."

  Keywords:

  invalidity; professional accident; receivability of the complaint; service-incurred; time bar; time limit;
  

  
  
  

• Judgment 250

  
  34th Session, 1975
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  Assuming that the terms of appointment entitling the complainant to compensation cover only cases of illness which are the direct result of his duties, by reason of the particularly demanding nature thereof, "the complainant would be entitled, quite apart from the terms of his appointment and in accordance with the general principles of liability in public law, to full compensation for any prejudice suffered by him and its direct consequences, including, for example, chronic or temporary disability."

  Keywords:

  compensation; general principle; illness; injury; invalidity; liability; right; service-incurred;
  

  Considerations

  Extract:

  The illness which the complainant suffered during his appointment with the organisation left no mark on him and it did not prevent him from resuming normal work in his national administration nor from obtaining high-level responsibilities. Since the organisation met all expenses incurred by reason of his illness, the complainant suffered no other prejudice thereby and cannot properly claim compensation for disability from which he does not in fact suffer.

  Keywords:

  consequence; health insurance; illness; invalidity; lack of injury; medical expenses;
  

  
  
  

• Judgment 173

  
  26th Session, 1971
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "According to the experts, the complainant is consciously simulating his disability, at least for the most part. such simulation constitutes fault within the meaning of [the applicable provision] since conscious simulation constitutes fraud, the highest degree of fault. It is immaterial whether or not the complainant's conscious behaviour has become unconscious; even if the simulation is at present to some extent involuntary it results from a voluntary form of deception, i.e. fault."

  Reference(s)

  ILOAT Judgment(s): 141
  

  Keywords:

  complainant; invalidity; misconduct;
  

  Consideration 3

  Extract:

  In cases where the affected persons are at fault, their disability pension may be reduced under the applicable provision. "[T]he Tribunal cannot reduce the benefits granted to the complainant in accordance with the impugned decision [...] without there being any need to examine whether the fault attributable to the complainant would in itself have warranted the cancellation of the pension awarded, it is sufficient to find that in any case, in view of the experts' report, the reduction made under the impugned decision is in no way excessive."

  Reference(s)

  ILOAT Judgment(s): 141
  

  Keywords:

  complainant; consequence; disability benefit; invalidity; judicial review; liability; misconduct; reduction of salary;
  

  
  
  

• 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:

  "[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;
  

  
  
  

• Judgment 141

  
  22nd Session, 1969
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Interlocutory Order

  Extract:

  "The information at present available does not enable the Tribunal to assess, with full knowledge of the facts, the degree of invalidity from which [the complainant] is at present suffering, nor the extent to which that degree of invalidity is attributable to the accident which he suffered in the course of duty [...]. In these circumstances, and following moreover, the complainant's arguments and in view of the request made by the organization, an examination should be carried out".

  Keywords:

  cause; expert inquiry; further submissions; inquiry; invalidity; investigation; medical examination; professional accident; rate;
  

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