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Medical consultant (416, 417,-666)

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Keywords: Medical consultant
Total judgments found: 9

  • 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:

    complaint allowed; complaint allowed in part; insurance; invalidity; medical board; medical consultant; medical opinion; organisation's duties;



  • Judgment 1889


    87th Session, 1999
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 and 7

    Extract:

    The complainant was assigned to Chad in 1991 and contracted Hepatitis B in 1993. "The Appeals Committee considers that the medical service did not completely fulfil its role and did not offer the staff member concerned the advice that it could have supplied. The Appeals Committee even refers to responsibility being equally shared'. In practice, there could be no grave fault of the medical service incurring the responsibility of the organization unless the protective measures recommended by a competent authority had been disregarded. In the material case, the organization demonstrates that in 1991 [...] the World Health Organization's guidelines did not specifically recommend vaccination against Hepatitis B for persons posted to African countries affected by an endemic illness of this type."

    Keywords:

    breach; illness; liability; medical consultant; negligence; no provision; organisation; organisation's duties; rule of another organisation; serious misconduct; service-incurred;



  • Judgment 1848


    87th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The complainant questions the right of the insurance company to which she is affiliated to contact her physicians directly to seek information. "The law is clear that [the insurance company] is entitled to any information which identifies the nature of the alleged illness and allows it to determine whether the prescribed treatment is appropriate and necessary [...] Of course the complainant is entitled to require that such information only be made available to [the insurance company's] medical adviser and be treated by the latter in confidence but she is not entitled to withhold from them any right of access whatsoever to the required medical information. Her unwillingness to allow such access goes against her duty to deal in good faith with her insurers."

    Reference(s)

    ILOAT Judgment(s): 1288

    Keywords:

    conduct; confidential evidence; elements; good faith; illness; insurance; medical consultant; medical records; refusal; safeguard; staff member's duties;



  • Judgment 1180


    73rd Session, 1992
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant argues that the Agency ought to have consulted an independent doctor. But there was no requirement in the Rules that it refer the complainant's case to outside doctors; indeed the Director General was right to rely on Eurocontrol's own medical officer, who was authorised to assess the position both by his own lights and in view of the opinion expressed by the complainant's own doctor. The complainant has not adduced any evidence to suggest that the Agency's medical officer made an improper assessment either of the state of the complainant's health or of the nature of the treatment he received [...] There is therefore no reason for the Tribunal to seek further expert advice".

    Keywords:

    expert inquiry; illness; medical consultant; medical opinion;



  • Judgment 1148


    72nd Session, 1992
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    The complainant objects to the Sickness Fund's refusal to refund the costs of a given item. "Eurocontrol has [...] discretion under Article 24, which empowers the fund to refuse refund of the costs of treatment which the medical officer deems to be 'non-functional, superfluous or unnecessary'. As was said in Judgment 1088, [article] 24 covers all sorts of 'treatments', however the term 'pharmaceutical product' in [article] 14 is to be construed."

    Reference(s)

    Organization rules reference: ARTICLES 14 AND 24 OF RULE 10
    ILOAT Judgment(s): 1088

    Keywords:

    definition; discretion; insurance; insurance benefit; limits; medical consultant; refund; refusal;



  • Judgment 992


    68th Session, 1990
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant's application for permission to take a cure prescribed by his doctor was rejected. the agency's medical officer reported to the health fund that the doctor had given no clear evidence of the need for the prescribed treatment. in keeping with article 20 of rule no. 10 concerning sickness and accident insurance, expenses relating to a cure shall be refunded provided that the cure "is recognised as strictly necessary by the medical officer". the tribunal sees nothing improper in the medical officer's assessment nor in the administration's ensuing denial of permission.

    Keywords:

    cure; insurance benefit; medical consultant; medical opinion; refund; refusal;



  • Judgment 652


    55th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    when the case was referred to the medical adviser, all she did was to telephone [the complainant's] doctor. in the course of their conversation [the doctor] consented to change the earlier certificate and declare that [by a specified date] the complainant was again fit for work. [...] such confabulation between professional colleagues is not in itself objectionable. it would no doubt have been more satisfactory if the two doctors had first carried out a clinical examination. [...] their approach undoubtedly made it harder to establish the facts, and for that the complainant - whom they could have asked to undergo an examination -is not to blame. the burden of proof is therefore on the [organisation]."

    Keywords:

    burden of proof; complaint allowed; decision quashed; medical certificate; medical consultant; medical examination; medical fitness; medical opinion; organisation; refusal; sick leave;

    Consideration 5

    Extract:

    "the mere production of a certificate from a doctor of the official's own choosing does not confer entitlement to sick leave. the organisation may always challenge the certificate on the strength of the opinion of a practitioner it has itself designated".

    Keywords:

    medical certificate; medical consultant; medical opinion; organisation; right; sick leave;



  • Judgment 541


    49th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant was classified "unfit for employment". Her appointment was terminated. The Tribunal found that in failing to accord the medical opinion of the complainant's personal physician the serious and thorough consideration it deserved, the organization's chief medical officer took insufficient account of an essential fact. The decision suffers from a defect which the Tribunal will take into consideration.

    Keywords:

    complaint allowed; decision quashed; disregard of essential fact; health reasons; medical consultant; medical fitness; medical opinion; termination;



  • Judgment 487


    48th Session, 1982
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "the organization's medical officer [...] who examined the complainant [...] delayed [...] reporting in writing to the personnel office and it is true that the administrative process is open to criticism on that account, even supposing that because of doubts over the case he decided [...] to telephone [...] the complainant's own doctor [...] but the administrative delay does not in itself constitute a flaw which warrants quashing the decision."

    Keywords:

    administrative delay; flaw; lack of injury; medical consultant; medical opinion;


 
Last updated: 19.09.2019 ^ top