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Medical board (414,-666)
You searched for:
Keywords: Medical board
Total judgments found: 35
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Judgment 2160
93rd Session, 2002
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Clearly, most of the relief claimed is not within the power of the Tribunal to grant at this stage for it depends upon a finding by a competent body (a medical board) that the complainant in fact suffers from the psychological condition mentioned and a finding by another competent body (a compensation board) that such condition is service-related. Equally clearly, however, she is entirely within her rights to demand that such bodies be constituted without delay."
Keywords:
claim; competence of tribunal; complaint; delay; illness; medical board; organisation's duties; receivability of the complaint; right;
Judgment 2146
93rd Session, 2002
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
The Invalidity Committee was constituted of two doctors respectively appointed by the organization and the complainant and of a third member chosen by mutual agreement between the first two doctors. The doctor appointed by the complainant resigned. He appointed another but challenges the fact that the third member was not rechosen. "It is clear [...] that if a member is replaced, the appointment should be by the same person or persons who originally appointed the member who has left. The complainant is wrong to liken the Invalidity Committee to an arbitral body that must always have representation from each side and must always be presided by someone chosen by the parties' representatives. The Invalidity Committee is a statutory body and once regularly constituted, it has the powers vested in it by the rules. The appointments to it do not become invalid simply by reason of the departure of a member."
Keywords:
composition of the internal appeals body; consequence; disability benefit; invalidity; medical board; pension entitlements; resignation;
Judgment 2145
93rd Session, 2002
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5 to 8
Extract:
"In the Organisation's view, since the payments it was making to the complainant were entirely voluntary, a matter of grace and favour on its part, it was quite at liberty to suspend such payments when the complainant failed to fulfil her obligation to submit to the [...] medical examination [required by the Invalidity Committee]. [It] is wrong. The Invalidity Committee's report [...] was categorical in stating that the complainant must be regarded as not fit for work. That means that she was unable to perform her duties and at a minimum she was entitled to receive the emoluments provided for in Article 62(7) unless and until the Invalidity Committee made a further finding putting an end to her sick leave, extending it, or placing her on permanent disability. But, without the authorisation of the Invalidity Committee, the [Organisation] had no right by its own unilateral action to suspend the payments to which she was entitled by law. [...] There can be no doubt that the [complainant] has a clear obligation to assist the Invalidity Committee and to present herself as and when reasonably required to do so for examination or treatment. If she fails to do so, that might constitute grounds for the Invalidity Committee to declare her sick leave at an end or it might form the basis of disciplinary action. [However, the Organisation] cannot take the law into its own hands without regard for the complainant's rights or its own obligations under the Service Regulations. [...] The highhanded actions of the [Organisation] in cutting the complainant's payments are both unjustified and illegal. The impugned decision must be rescinded."
Reference(s)
Organization rules reference: ARTICLE 62 (7) OF THE SERVICE REGULATIONS
Keywords:
disability benefit; disciplinary procedure; incapacity; invalidity; medical board; medical examination; medical fitness; organisation's duties; payment; pension entitlements; refusal; right; sick leave; staff member's duties; staff regulations and rules;
Judgment 2063
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
After the complainant underwent surgery, the insurance brokers refused to cover his convalescence in a home. "In order to assess any physical injury suffered by the complainant, it is necessary to ascertain the later consequences for his health of the refusal to meet the costs of his admission to a convalescent home, and the fact that he did not as a result stay in such a home. These are purely medical matters which [...] need to be referred to the Invalidity Committee".
Keywords:
claim; competence; consequence; health insurance; illness; medical board; medical expenses; receivability of the complaint; refund; refusal; request by a party;
Judgment 2047
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainant adopts the position taken by the Appeals Committee to the effect that the [organisation] was obligated to appoint its own medical officer for the purposes of dealing with her claim and was not entitled to rely on the medical adviser appointed by [the insurance company] Van Breda for that purpose. For the Tribunal to so hold would amount to a denial of the organisation's right to appoint the medical officer of its choice. The fact that it selects and relies on the same medical adviser as the one appointed by the insurer, whom it has engaged to carry out its obligations to provide health coverage to its staff, is not in the least surprising. Such appointment cannot have any adverse effect upon the complainant who retains the right given by Article 90 [of the Service Regulations] to have any contested issue relating to medical matters determined by the Invalidity Committee."
Reference(s)
Organization rules reference: ARTICLE 90 OF THE SERVICE REGULATIONS
Keywords:
insurance; invalidity; medical board; medical consultant; medical opinion; organisation's duties;
Judgment 1752
85th Session, 1998
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[The Tribunal] may not replace qualified medical opinion with its own, though it may review the procedure and say whether the doctors' findings show any factual mistake or inconsistency, or overlook an essential fact, or draw a plainly wrong conclusion from the evidence."
Keywords:
competence of tribunal; disregard of essential fact; judicial review; limits; medical board; medical opinion; mistaken conclusion; procedure before the tribunal;
Judgment 1516
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"The complainant wants the Tribunal to 'declare that UNESCO has failed to act and itself make the final determination [regarding the degree of her invalidity] that the organization has for years been refusing' her. Having put up with years of dilatoriness and prevarication,she is understandably anxious to have her entitlements speedily determined. Being unable, however, to rule on the medical aspects of her case, the Tribunal has no choice but to send the case back to the organization for completion of the process of review in keeping with the rules."
Keywords:
competence of tribunal; expert inquiry; iloat statute; invalidity; judicial review; medical board; medical examination; medical opinion; rate;
Judgment 1373
77th Session, 1994
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The Medical Board based its findings on the lack of "conclusive" evidence. "But that was not the standard of proof it was required to apply." Referring to Judgments 528 and 641, the Tribunal holds that what is required is no more "than a balance of probability in favour of what the complainant is alleging.
Reference(s)
ILOAT Judgment(s): 528, 641
Keywords:
burden of proof; case law; evidence; medical board; standard of proof;
Judgment 1284
75th Session, 1993
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Precedent has it [...] that the Tribunal may not replace the Board's assessment of medical questions with its own. But it goes further than that: the Tribunal does have full competence to say whether there was due process and whether the medical findings show any material mistake or inconsistency, or overlook some essential fact, or plainly misread the evidence."
Keywords:
case law; discretion; disregard of essential fact; flaw; judicial review; limits; medical board; medical opinion; mistaken conclusion; procedural flaw; procedure before the tribunal; report;
Consideration 6
Extract:
"The complainant's main claim - that his condition be declared attributable to the performance of official duties - fails because the Tribunal may not substitute its own assessment of the case for the Medical Board's."
Keywords:
discretion; illness; judicial review; medical board; report; service-incurred;
Judgment 932
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10(C)
Extract:
"If in the original medical examination by the Committee, the doctors and the complainant had failed to understand each other, that would afford grounds for impugning the opinion. [...] The burden of proof is on the complainant to satisfy the Tribunal that the findings of the medical examination (which denied him sick-leave) [...] should be set aside because of language difficulties."
Keywords:
burden of proof; complainant; flaw; lack of evidence; medical board; medical opinion; refusal; sick leave;
Judgment 641
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The complainant's case is that the [organization] was to blame for her husband's death. The plea will succeed only if the Tribunal finds a causal link in the legal sense, that is to say, some fairly definite connection between the cause and the effect. The Medical Board's findings provide the evidence on which the Tribunal may found its decision in this case."
Keywords:
cause; death; liability; medical board; organisation; report;
Judgment 620
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant submits that the experts ought to have consulted each other, not just in writing and by telephone but by meeting together. The argument is a sound one. The arrangements they made were indeed open to criticism. Whatever the FAO may say, traffic congestion [...] was not a valid reason for their not meeting to discuss a case which deserved more respectful consideration than they gave it. There is no certainty that their views would have been any different had they held a meeting. But it is possible that they would, and the complainant is right to advance the plea in support of his claim for damages."
Keywords:
damages; flaw; medical board; medical examination; procedural flaw;
Judgment 502
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant suffers from illnesses which, he alleges, are due to his duties in the organization. Before appealing to the Tribunal, he should have exhausted the internal remedies and appealed to the Advisory Committee; that step was left out and the complaint is therefore not receivable. The complainant is still entitled to put his claims forward at the administrative level. For that purpose the parties need only designate the members of the Medical Board provided for in the Rules.
Keywords:
absence of final decision; case sent back to organisation; illness; internal remedies exhausted; medical board; receivability of the complaint; service-incurred;
Judgment 376
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Tribunal will accept the unanimous opinion of the Medical Board, which consisted of three especially well-qualified physicians [...]." The organization was unable to find a post which, on the advice of the physicians, would have been suitable. The complainant's performance was not beyond criticism but the main reason for the impossibility of finding a suitable post for her "was that her duties were highly technical and so there were few posts suitable for her". Her appointment was terminated correctly.
Keywords:
health reasons; medical board; medical opinion; termination of employment; termination of employment for health reasons; unsatisfactory service;
Judgment 26
6th Session, 1957
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant adduces no satisfactory evidence that she suffered any working incapacity [...]. No satisfactory evidence has been adduced to prove that the payment of the sum recommended by the Medical Commission does not fully and generously compensate the complainant for the injury sustained".
Keywords:
advisory opinion; amount; compensation; evidence; incapacity; lack of evidence; medical board;
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