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Medical records (419,-666)

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Keywords: Medical records
Total judgments found: 11

  • Judgment 4127


    127th Session, 2019
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for review of Judgment 3994.

    Consideration 8

    Extract:

    The complainant also bases her application for review on the discovery of new facts on which she argues that she was unable to rely in the original proceedings. The complainantís argument in that regard is related to documents contained in or allegedly missing from her CERN medical file that she consulted after Judgment 3994 was delivered in public.
    As recalled in consideration 2, [...] the Tribunal, in Judgment 3994, awarded the complainant moral damages in the amount of 5,000 Swiss francs for the injury caused by the fact that she had only been given partial access to her medical file. Raising arguments based on the content of her medical file that she consulted following the public delivery of Judgment 3994 cannot afford the complainant grounds for review of that judgment.

    Reference(s)

    ILOAT Judgment(s): 3994

    Keywords:

    application for review; medical records; new fact on which the party was unable to rely in the original proceedings;



  • Judgment 4118


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the findings of the Medical Committee according to which his invalidity is not of occupational origin.

    Consideration 5

    Extract:

    Regarding the request for disclosure of the files of the Medical Committee, the Tribunal recalls that, under its case law, the right to transparency as well as the general principle of an individualís right to access personal data concerning her or him mean that a staff member must be allowed full and unfettered access to her or his medical file and be provided with copies of the full file when requested (paying the associated costs as necessary) (see Judgments 3120, consideration 7, or 3994, consideration 10). According to the same case law, the only situation in which this rule does not apply is where specific circumstances temporarily prevent such access [...].

    Reference(s)

    ILOAT Judgment(s): 3120, 3994

    Keywords:

    disclosure of evidence; medical records;



  • Judgment 3994


    126th Session, 2018
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges CERNís refusal to recognise the illness from which she says she suffers as occupational.

    Consideration 10

    Extract:

    Concerning access to the medical file, the Tribunal recalls that, ďwhile there may be some cases in which it is not advisable to allow staff members to have full access to their medical file at a particular point in time (and the decision to deny access temporarily must be fully justified and reasonable), the right to transparency as well as the general principle of an individualís right to access personal data concerning him or her mean that a staff member must be allowed full and unfettered access to his or her medical file and be provided with copies of the full file when requested (paying the associated costs as necessary)Ē (see Judgment 3120, under 7).
    In the present case, CERN does not say why it allowed the complainant only partial access to her medical file. Accordingly, the Organization breached its duty of transparency.

    Keywords:

    medical records;



  • Judgment 3120


    113th Session, 2012
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 & 7

    Extract:

    "The Tribunal is of the opinion that in principle, in the absence of specific rules or regulations governing the right of a staff member to access his or her own medical file, that right must be considered to comprehend the right to view and obtain copies of all records and notes in the file, and to add relevant notes to correct any part of the file considered wrong or incomplete. So stated, that right gives effect to the Organisationís duty of transparency. [...] [I]t is clear from [Judgments 1684, 2045 and 2047] that, while there may be some cases in which it is not advisable to allow staff members to have full access to their medical file at a particular point in time (and the decision to deny access temporarily must be fully justified and reasonable), the right to transparency as well as the general principle of an individualís right to access personal data concerning him or her mean that a staff member must be allowed full and unfettered access to his or her medical file and be provided with copies of the full file when requested (paying the associated costs as necessary). [...] It must be pointed out that the staff memberís right to add a note to his or her medical file with a view to correcting any aspect considered wrong or incomplete is consistent with the Organisationís duty of transparency and with the right of that staff member to ensure the accuracy of his or her personal information."

    Reference(s)

    ILOAT Judgment(s): 1684, 2045, 2047

    Keywords:

    complaint allowed in part; date; duty to inform; duty to substantiate decision; exception; formal requirements; general principle; international civil servant; medical records; no provision; organisation's duties; refusal; right;



  • Judgment 2271


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The confidential nature of medical information concerning the state of health of staff members constitutes a key element of their right to privacy. It is no doubt both necessary and legitimate for an international organisation, like any employer, to investigate requests for sick leave, to examine medical certificates and to have the health of its staff members checked by appropriate means. Such information should be gathered and processed on a fully confidential basis, however, and should never be communicated to third parties without the explicit consent of the person concerned. [...] The fact that the members of the Appeals Committee are bound by an obligation of confidentiality does not mean that information covered by medical secrecy can be disclosed to them without the consent of the persons concerned."

    Keywords:

    communication to third party; complaint allowed; complaint allowed in part; confidential evidence; internal appeals body; lack of consent; medical certificate; medical records; organisation's duties; right; sick leave;



  • Judgment 2047


    91st Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "With regard to the complainant's claim to be provided with copies of any medical reports relied upon by [the insurance brokers] Van Breda, it is trite law that a staff member's right to see medical reports may not ordinarily be challenged. As such, the complainant should be provided with copies of medical reports contained in Van Breda's file relating to this matter. Whether or not the [organisation] has these documents in their possession is irrelevant. As the policy holder, it has the right to give instructions that the complainant be given access to these documents and must ensure that she is provided with the information as soon as reasonably possible. [...] It is of no avail that some or all of the reports in question may have been given by the complainant's own doctors: she is entitled to know from Van Breda exactly what medical information about her it has received and from whom."

    Keywords:

    complaint allowed; complaint allowed in part; duty to inform; insurance; medical opinion; medical records; organisation's duties; right;



  • Judgment 2045


    91st Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "As the Tribunal has recalled in Judgment 1684 [...], medical records are strictly personal and the staff member's right to see them may not ordinarily be challenged."

    Reference(s)

    ILOAT Judgment(s): 1684

    Keywords:

    complaint allowed; complaint allowed in part; confidential evidence; duty to inform; medical records; right;



  • 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 1811


    86th Session, 1999
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant asked that his interim report be struck from his personal file on the grounds that it had prompted the refusal of his within-grade step increment. "It stands to reason that the complainant's file should contain any papers lawfully made out and bearing on his services with the organization, save medical reports. [H]is claim to removal of the interim review from his file must fail: there was nothing unlawful about that text and it was in any event superseded by the final appraisal, which was good."

    Keywords:

    career; complainant; exception; medical records; performance report; personal file; withdrawal of decision; work appraisal;



  • Judgment 595


    51st Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    during the proceedings, the organization invited the tribunal to lift the obligation of professional secrecy to allow the tribunal access to the complainant's medical file. the complainant declined to allow this and by order of the tribunal, the application was rejected on the grounds that only a patient might release his physician from professional secrecy. after the exchange of briefs, the complainant expressed agreement with his medical file being made available to the tribunal. the tribunal disallowed the reopening of proceedings for the file to be submitted. the complainant's own attitude is responsible for no evidence of the temporary nature of his illness having been presented.

    Keywords:

    complainant; confidential evidence; disclosure of evidence; medical records; organisation; refusal; request by a party;



  • Judgment 479


    47th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    while the complainant's degree of invalidity was assessed by doctors at 80 per cent, he in fact suffered the total loss of his earning capacity. "it is for the director-general [...] as provided [under the rules] to assess the degree [of invalidity] on the basis of the medical evidence and as applied to the complainant's normal occupation. the tribunal considers that the only conclusion on the facts of this case is that the complainant was totally unable to carry on his normal occupation or any equivalent occupation. accordingly the degree of incapacity should be assessed at 100 per cent."

    Keywords:

    discretion; executive head; incapacity; invalidity; medical records; rate;


 
Last updated: 19.09.2019 ^ top