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Judgment No. 141

Decision

1. An examination shall be carried out by two medical experts so as to:
(a) determine the present degree of Mr. Miele's invalidity and assess the degree of his present work disability with regard both to his former employment and to other kinds of possible employment;
(b) determine the extent to which the invalidity thus assessed may be regarded as the direct consequence of the accident suffered by the complainant on 14 July 1960;
(c) if necessary, determine the extent to which that invalidity may be regarded as the indirect consequence of the accident; and
(d) determine the nature of the disorders identifiable as the indirect consequence of the accident, and state the extent to which those disorders may be regarded as having a constitutional cause or as being attributable to factors independent of the accident, whether arising before or after it.
2. The experts shall be appointed by order of the Vice-President of the Tribunal, who shall determine the procedure for the examination and in particular, after consulting the parties, determine the final text of the questions to be put to the experts.
3. The experts shall draw up their report after consulting the dossier of the case and examining Mr. Miele. If they think fit, they may obtain the assistance on particular points and on their own responsibility of one or more specialists.
4. The Organization shall advance the costs of the expert examination and Mr. Miele's expenses in submitting himself for the examination. The amount of these advances shall be determined by order of the Vice-President of the Tribunal.

Interlocutory Order

Extract:

The Tribunal orders a medical examination. "The organization shall advance the cost of the expert examination and [the complainant's] expenses in submitting himself for the examination. The amount of these advances shall be determined by order of the Vice-President of the Tribunal."

Keywords

interlocutory order; order; expert inquiry; cost of expert inquiry; medical examination

Interlocutory Order

Extract:

"The experts shall be appointed by order of the Vice-President of the Tribunal, who shall determine the procedure for the examination and in particular, after consulting the parties, determine the final text of the questions to be put to the experts."

Keywords

procedure; order; expert inquiry

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

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



 
Last updated: 29.09.2017 ^ top