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Judgment No. 2976

Decision

1. The decision of 6 February 2008 is set aside, as is the President's later decision of 9 October 2008.
2. The matter is remitted to the President of the Office for a fresh decision to be made within 60 days of the publication of the present judgment.
3. Any exceptional benefit granted to the complainant shall be made retroactive to 14 May 2007 and shall bear interest at the rate of 8 per cent per annum from due dates until the date of payment.
4. The EPO shall pay the complainant the amount of 800 euros by way of costs.
5. The complaint is otherwise dismissed.

Consideration 8

Extract:

Grant of an exceptional long-term care benefit for an insured person suffering from complete paralysis below the arms.
"[T]he question whether something should be granted as an 'exceptional' measure is one that invites a value judgement akin to that involved in a discretionary decision. As such, it is subject to only limited review. However, it may be reviewed on the grounds, amongst others, that it involves an error of law and/or that it overlooks some material fact (see, for example, Judgments 1281, under 2, and 2514, under 13)."

Reference(s)

ILOAT Judgment(s): 1281, 2514

Keywords

medical opinion; judicial review; discretion; medical grounds

Consideration 10

Extract:

"[I]n Judgment 2533 the Tribunal observed that compensation for injury properly included 'past and future adaptations to the complainant's house and car' and that those expenses were 'on no different footing than other necessary expenses incurred as a consequence of [...] service related injury'."

Reference(s)

ILOAT Judgment(s): 2533

Keywords

injury; insurance; insurance benefit; service-incurred; disability benefit; compensation; definition

Consideration 11

Extract:

"The purpose of insurance is to indemnify, whether in whole or in part, and not simply to provide a social safety net."

Keywords

insurance; insurance benefit; compensation; purpose



 
Last updated: 16.08.2017 ^ top