Judgment No. 3111
The complaint is dismissed.
service-incurred; complaint dismissed
[I]t is well settled, as stated in Judgment 1752, under consideration 9, that the Tribunal "may not replace qualified medical opinion with its own, though it may review the procedure and say whether the doctor's findings show any factual mistake or inconsistency, or overlook an essential fact, or draw a plainly wrong conclusion from the evidence" (see also Judgments 2361, consideration 4, 2551, consideration 9, and 2580, consideration 6).
ILOAT Judgment(s): 1752, 2361, 2551, 2580
medical opinion; judicial review
The question is not whether stress "can" cause debilitation leading to tuberculosis, but whether, on the balance of probabilities, it did so in this case (see Judgment 528, consideration 4 ). In this respect, the question as posed in Judgment 641, consideration 8, is whether there was "a causal link in the legal sense, that is to say some fairly definite connection between the cause and the effect". Thus in the present case, one must consider whether the complainant was subjected to stress and whether this led to a debilitated state in which she contracted tuberculosis. Only if these two questions are answered in the affirmative can the complainant succeed in her claim.
ILOAT Judgment(s): 528, 641
The complainant contends, by reference to Judgment 620, under considerations 2 and 4, that even if her illness cannot be attributed to her working conditions, the Tribunal may award limited damages. In Judgment 620, the defendant organisation had failed to conduct regular medical examinations as required by its rules. The Tribunal held that that failure had deprived the complainant of "an opportunity to take precautions against [his] illness" even though it was not established that regular medical examinations would have prevented it. There is nothing in the present case to suggest that the actions or inactions of WHO deprived the complainant of an opportunity to take precautions against contracting tuberculosis.
ILOAT Judgment(s): 620
damages; medical examination; service-incurred