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Medical grounds (667,-666)

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Keywords: Medical grounds
Total judgments found: 3

  • Judgment 4117


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the finding that his invalidity was not caused by an occupational disease.

    Consideration 5

    Extract:

    Before proceeding to consider the merits of the complaint, one further preliminary issue concerning receivability should be mentioned. There is one judgment of the Tribunal, Judgment 2787, which, in consideration 3, draws a distinction between procedural and medical aspects of a Medical Committee’s opinion and affirms that, by implication and because of Articles 107(1) and (2) and 109(3) of the Service Regulations as applicable at the material time, the latter (the medical aspects) could be challenged before the Tribunal without the prior filing of an internal appeal to the Appeals Committee. Even if the distinction created by this judgment should continue to be applied by the Tribunal (which may be doubted), there is no bright line between an opinion of a Medical Committee on procedural aspects and an opinion on medical aspects. The present case illustrates that an opinion of the Medical Committee may have both procedural and medical characteristics. In the present case, the Tribunal is satisfied that the decisions of 7 January and 13 February 2013 were decisions “taken after consultation of the Medical Committee” for the purposes of Articles 109(3)(a) and 110(2)(a) of the Service Regulations. Accordingly, the complainant was entitled to bring his complaint directly to the Tribunal [...].

    Reference(s)

    ILOAT Judgment(s): 2787

    Keywords:

    internal remedies exhausted; medical board; medical grounds; medical opinion;



  • Judgment 3497


    120th Session, 2015
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the refusal of her request that her mother’s condition be recognized as a serious illness.

    Consideration 18

    Extract:

    "Since, as the Tribunal has consistently held, it is not competent to rule on medical matters, the case must be remitted to the Organisation so that a new decision can be taken in light of an opinion given by the competent body with the safeguards of complete impartiality and transparency."

    Keywords:

    medical grounds;



  • Judgment 2976


    110th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    Grant of an exceptional long-term care benefit for an insured person suffering from complete paralysis below the arms.
    "[T]he question whether something should be granted as an 'exceptional' measure is one that invites a value judgement akin to that involved in a discretionary decision. As such, it is subject to only limited review. However, it may be reviewed on the grounds, amongst others, that it involves an error of law and/or that it overlooks some material fact (see, for example, Judgments 1281, under 2, and 2514, under 13)."

    Reference(s)

    ILOAT Judgment(s): 1281, 2514

    Keywords:

    discretion; judicial review; medical grounds; medical opinion;


 
Last updated: 07.11.2019 ^ top