Judgment No. 889
THE COMPLAINT IS DISMISSED.
"The burden is on [the complainant] to prove service-incurred illness."
complainant; evidence; burden of proof; illness; service-incurred
"The new text of [Article] II 4.01 [CERN Pension Fund] reads: 'Unsuitability is the reduction, presumed to be permanent or long-term, by at least 1/3 in earning capacity resulting from a deterioration in physical or mental health, which occurred while the person concerned held a contract with one of the participating organizations'. [...] The complainant did not satisfy the conditions in [Article] II 4.01."
Organization rules reference: ARTICLE II 4.01 OF THE CERN PENSION FUND
illness; service-incurred; cern pension fund; incapacity; medical fitness; definition
"Although the disputes [between the complainant and his employer] may indeed have made his condition worse, it is not established that that condition was directly attributable to his employment."
illness; service-incurred; working relations; cause