Judgment No. 971
Decision
1. IN RESPECT OF THE COMPLAINANT'S CONTINUING TOTAL WORK DISABILITY THE WHO SHALL PAY HIM AN ANNUAL INVALIDITY PENSION EQUAL TO ONE-THIRD OF HIS YEARLY PENSIONABLE REMUNERATION AND ADJUSTED TO TAKE ACCOUNT OF COST-OF-LIVING VARIATIONS. THE PENSION IS PAYABLE UNDER RULE 9(C) OF THE COMPENSATION RULES FROM THE DATE AT WHICH SALARY AND ALLOWANCES CEASED TO BE PAYABLE. IT IS SUBJECT TO ANY DEDUCTIONS THAT MAY BE MADE UNDER RULE 6(A) OF THE COMPENSATION RULES AND, AS STATED IN 15 ABOVE, TO PERIODIC REVIEW BY THE DIRECTOR-GENERAL UNDER RULES 27(A) AND 30.
2. IN RESPECT OF THE PERMANENT LOSS OF FUNCTION OF THE COMPLAINANT'S FOOT, INCLUDING LOSS OF ENJOYMENT OF LIFE, THE WHO SHALL PAY HIM LUMP-SUM COMPENSATION EQUAL TO 33 PER CENT OF $110,438, VIZ. TWICE THE AMOUNT OF YEARLY PENSIONABLE REMUNERATION AT GRADE P.4, STEP 5 ($55,219). THAT SUM, WHICH COMES TO $36,444.54,IS PAYABLE FROM THE DATE OF THE ACCIDENT.
3. ON THE ABOVE TWO AWARDS THE WHO SHALL PAY INTEREST AT THE RATE OF 10 PER CENT A YEAR FROM THE DATE AT WHICH EACH SUM WAS DUE UP TO THE DATE OF EACH PAYMENT.
4. THE INTERIM AWARD WHICH THE TRIBUNAL MADE IN JUDGMENT 947 SHALL BE DEDUCTED FROM THE SUMS AWARDED.
5. THE WHO SHALL PAY THE COMPLAINANT 10,000 SWISS FRANCS IN COSTS OVER AND ABOVE THE 10,000 FRANCS AWARDED IN JUDGMENT 947.
Consideration 8
Extract:
"The complainant claims payment under Annex C. But only the WHO, not the complainant, is entitled to payment under this annex, which concerns its insurance policy. The policy is exclusively a matter between the WHO and its insurers. In application of its administrative practice, as reflected in paragraph 365 of Manual II.7, the organization does hand the difference over to the staff member if the sum it has actually received from the insurers more than covers its liability to him."
Reference(s)
Organization rules reference: WHO MANUAL PROVISION II.7
Keywords
complainant; organisation; amount; practice; insurance; difference; payment; health insurance
Consideration 13
Extract:
"The Organization is liable only in respect of 50 per cent of the total incapacity. Accordingly, the Tribunal awards the complainant compensation under this head in the form of an annual invalidity pension equal to one-third of the yearly figure of his pensionable remuneration, i.e. half the full pension."
Keywords
liability; organisation; disability benefit; incapacity; invalidity; rate
Consideration 16
Extract:
"Besides an annual invalidity pension, an employee is entitled under Rule 14 of the compensation rules to lump-sum compensation for permanent loss of a member or function [thereof]".
Keywords
incapacity; invalidity; lump-sum; compensation
Consideration 18
Extract:
"According to the Organization's own interpretation of Rule 14, the sum awarded in compensation for permanent loss of function is intended to cover loss of enjoyment of life as well and the percentages should be considered to reflect such loss in the 'normal situation'. The Tribunal considers that the complainant's case goes beyond the 'normal situation'. [...] The Tribunal accordingly awards him a further 5 per cent of the basic figure".
Keywords
incapacity; invalidity; loss of enjoyment of life; compensation
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