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Judgment No. 175

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

according to the dossier, at least some of the ailments affecting the complainant can be attributed exclusively to his age and not to the sequelae of a service-incurred accident. he cannot be regarded as having a disability affecting his earning capacity which results from that accident. he does not therefore meet the conditions laid down by the material provision. the director-general was justified in refusing to apply the provision to his case.

Keywords

accident; service-incurred; incapacity; cause; compensation; condition

Considerations

Extract:

the internal advisory committee "made its recommendation only after a thorough examination of the case, as a result of which the tribunal is in possession of all the facts it needs to reach a decision. it is therefore unnecessary to call for an expert medical opinion."

Keywords

advisory body; submissions; expert inquiry; medical examination; advisory opinion

Consideration 1

Extract:

the appeals committee, without giving any precise opinion on the points raised by complainant, merely proposed that he should be paid compensation, purely ex gratia. consequently, although the chairman of the advisory committee on compensation claims which examined the case before the director-general's first decision then sat as a member of the appeals committee, "this irregularity is not, in the circumstances of the case, such as to taint with illegality the director-general's ... decision."

Keywords

lack of injury; internal appeals body; advisory body; composition; internal appeal; flaw; procedural flaw; same



 
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