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Judgment No. 148

Decision

1. The complainant is entitled to a compensation annuity for total incapacity for work in accordance with Manual section 342.513.
2. The complainant is entitled to reimbursement of the sum of US$575.20 withheld on account of expenses of the medical board.
3. The other claims submitted by the complainant are dismissed.

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; medical examination; incapacity; medical fitness

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

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

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

incapacity; definition

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

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

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

complaint allowed; accident; service-incurred; disability benefit; incapacity; invalidity; rate

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

accident; insurance benefit; service-incurred; incapacity; condition

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

Consideration 8

Extract:

The complainant suffers from total incapacity for work. He asks the Tribunal to recommend to the Joint Staff Pension Fund to pay him a permanent pension. "The Tribunal is not competent to deal with the above claim, since the United Nations Administrative Tribunal is the competent body to hear disputes relating to benefits payable by the United Nations Joint Staff Pension Fund."

Keywords

complainant; competence of tribunal; remand; unat; unjspf; disability benefit; request by a party

Consideration 9

Extract:

"It appears from the organization's statements, as reasonably interpreted, that the complainant is entirely exempted from the expenses of the Medical Board if the rate of incapacity originally fixed is changed, it being irrelevant whether such a change results from the independent decision of the Director-General or is ordered by the Tribunal. It follows that as the complainant's claims have been partly recognised by the Tribunal his claim for the reimbursement of the share of expenses attributed to him is well founded."

Keywords

cost of expert inquiry; refund; right

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

organisation; medical examination; disability benefit; incapacity; right



 
Last updated: 29.09.2017 ^ top