Judgment No. 875
Decision
1. A CLINICAL AND PSYCHOLOGICAL EXAMINATION SHALL BE CARRIED OUT BY ONE EXPERT, TO BE APPOINTED BY ORDER OF THE PRESIDENT OF THE TRIBUNAL. HE SHALL:
(A) DETERMINE THE NATURE AND EXTENT OF THE DISORDERS, PHYSICAL OR PSYCHOLOGICAL, FROM WHICH THE COMPLAINANT IS SUFFERING; (B) DETERMINE THE DEGREE OF LOSS OF FUNCTION OF THE WHOLE BODY; (C) DETERMINE THE EXTENT (EXPRESSED AS A PERCENTAGE) TO WHICH EACH DISORDER IS ATTRIBUTABLE, IF AT ALL) WHOLLY OR PARTLY TO THE ACCIDENT; (D) IF, IN THE OPINION OF THE EXPERT, A DISORDER IS NOT WHOLLY OR PARTLY ATTRIBUTABLE TO THE ACCIDENT, STATE SO FAR AS POSSIBLE THE OTHER CAUSATIVE FACTORS.
2. THE EXPERT SHALL DRAW UP HIS REPORT AFTER CONSULTING THE MEDICAL DOSSIER OF THE CASE AND THE COMMENTS THEREON BY BOTH PARTIES AND AFTER EXAMINING THE COMPLAINANT IN CONSULTATION WITH ANY SPECIALIST OR SPECIALISTS OF HIS CHOICE WHOSE ASSISTANCE HE DEEMS NECESSARY. HE MAY IF HE THINKS FIT ENGAGE THE SERVICES OF AN INTERPRETER.
3. THE ORGANIZATION SHALL PAY THE COSTS OF THE CLINICAL EXAMINATION AND THE FEES OF THE EXPERT AND OF ANY SPECIALISTS HE MAY DEEM NECESSARY. THE ORGANIZATION SHALL ALSO PAY THE COMPLAINANT'S EXPENSES, TO BE APPROVED BY THE PRESIDENT OF THE TRIBUNAL FAILING AGREEMENT BETWEEN THE PARTIES, FOR SUBMITTING HIMSELF FOR THE EXAMINATION.
4. THE PRESIDENT OF THE TRIBUNAL SHALL APPROVE THE AMOUNT OF THE FEES.
5. THE EXPERT SHALL REPORT NOT MORE THAN THREE MONTHS FROM THE DATE ON WHICH HE RECEIVES THE MEDICAL RECORDS AND THE FURTHER BRIEFS SUBMITTED BY THE PARTIES.
Consideration 8
Extract:
"The information available does not enable the Tribunal to assess whether the accident of 3 April 1982 resulted in all the permanent injuries now suffered by the complainant or only in the permanent injury to his left foot. In these circumstances an examination should be carried out by a medical expert whose terms of reference are set out below."
Keywords
interlocutory order; further submissions; expert inquiry; professional accident; medical examination; service-incurred; incapacity; invalidity; rate
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