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> Page d'accueil > Triblex: base de données sur la jurisprudence > Par mots-clés du thésaurus > requête rejetée

Judgment No. 3650

Decision

The complaint is dismissed.

Summary

The complainant contests the refusal to pay her interest on reimbursement of medical costs.

Judgment keywords

Keywords

interest on damages; medical expenses; complaint dismissed

Consideration 6

Extract:

Plainly enough, [...] the right to payment of medical expenses arising under Article 16 is conditioned by the consideration of any claim for payment by the organisation of whether the medical expenses incurred were reasonably incurred, which would include the consideration of any evidence furnished supporting a conclusion that they were reasonably incurred. Thus the right to payment of medical expenses cannot be said to be a right to an immediate payment of the claimed amount. Accordingly there is no room for the implication of a right to interest either from the time the medical expense was actually paid by the staff member or from the time the staff member lodged a claim for reimbursement.

Keywords

interest on damages; medical expenses; health insurance

Consideration 7

Extract:

[T]he breach of a duty to consider and process a claim within a reasonable period would not be founded on an implied right to interest but rather, arguably, should be regarded as damages for the breach of the duty. However, those damages may well prove to be an amount equal to the interest payable on the amounts involved.

Keywords

interest on damages; organisation's duties



 
Dernière mise à jour: 18.09.2020 ^ haut