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Judgment No. 3145

Decision

1. A medical expert shall be appointed by order of the President of the Tribunal to determine whether the complainant's symptoms resulted from ergonomically unsound working conditions, or whether they had a different origin.
2. The expert shall examine the complainant, take into consideration all the evidence in the file submitted to the Tribunal and may ask the parties for any pertinent information, while respecting the adversarial principle.
3. The expert shall submit his report, seven copies of which shall be sent to the Registrar of the Tribunal, by 28 September 2012 at the latest.
4. Copies of this report shall be sent to both parties, who will have 15 days to submit any comments.
5. The expert's fees and the costs of the examination shall be defrayed by WIPO; the amount thereof will be subject to the approval of the President of the Tribunal.
6. The matter of costs is reserved.

Judgment keywords

Keywords

illness; service-incurred; unjspf; invalidity

Consideration 12

Extract:

[I]t is necessary, prior to judgment, to order, at the Organizationís expense, a medical examination by a specialist appointed by the President of the Tribunal [...].

A medical expert shall be appointed by order of the President of the Tribunal to determine whether the complainantís symptoms resulted from ergonomically unsound working conditions, or whether they had a different origin.
The expert shall examine the complainant, take into consideration all the evidence in the file submitted to the Tribunal and may ask the parties for any pertinent information, while respecting the adversarial principle. [...]

Keywords

order; appointing medical specialist by the tribunal



 
Last updated: 06.12.2018 ^ top