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Invalidity (465, 466, 467, 653,-666)

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Keywords: Invalidity
Total judgments found: 37

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  • Judgment 4248


    129th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for execution of Judgment 3446.

    Judgment keywords

    Keywords:

    application for execution; complaint allowed; invalidity; medical examination; professional accident;



  • 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.

    Judgment keywords

    Keywords:

    complaint dismissed; invalidity; medical board; service-incurred;



  • 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.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; invalidity; medical board; service-incurred;



  • Judgment 4046


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his claim for an invalidity allowance.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; invalidity;



  • Judgment 3614


    121st Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to allow her to benefit from the transitional measure accompanying the replacement of the former invalidity pension with an invalidity allowance.

    Judgment keywords

    Keywords:

    complaint allowed; invalidity; late appeal; receivability of the complaint;



  • Judgment 3570


    121st Session, 2016
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to end his service on grounds of invalidity and requests his reinstatement.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint dismissed; invalidity; medical examination; reinstatement;



  • Judgment 3442


    119th Session, 2015
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the decision to dismiss internal appeals concerning a claim for compensation for service-incurred disability was flawed.

    Judgment keywords

    Keywords:

    absence of final decision; complaint allowed; decision quashed; equal treatment; harassment; invalidity; joinder; service-incurred;



  • Judgment 3396


    119th Session, 2015
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: In relation with the complainant's service-incurred illness, the Tribunal concluded that she was entitled to an invalidity payment.

    Judgment keywords

    Keywords:

    complaint allowed; illness; invalidity; service-incurred;

    Consideration 13

    Extract:

    "Although the threshold question as to whether the complainant had a “continuing” invalidity was properly identified, in the course of the communications it appears that from WHO’s perspective the meaning of the term “continuing” involved the question as to whether the condition was permanent or long-term, on the one hand, or temporary on the other hand. This interpretation is incorrect. The continuing nature of a condition is simply whether it will, at the time of diagnosis and prognosis, continue into the future for, if known, anything other than a brief period or continue with an unknown end date. This erroneous approach, in turn, led to a rejection of the medical opinions which do sustain a conclusion that the complainant was suffering from a continuing total invalidity even though the doctors did not say this would continue long-term or was permanent."

    Keywords:

    invalidity;



  • Judgment 3375


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant claims, on the basis of an alleged acquired right, the application of the invalidity pension scheme in force prior to his placement on non-active status on grounds of invalidity.

    Consideration 13

    Extract:

    "By its nature as a remote and contingent right, the benefit to an invalidity pension arises only under conditions of invalidity to cover a risk that rarely occurs. This is not a fundamental term which could be said to have reasonably induced the complainant or any staff member of the EPO to enter into the contract of employment with the Organisation so as to preclude the Organisation from altering its terms as it did by the new arrangements (see, for example, Judgment 2682, under 6)."

    Reference(s)

    ILOAT Judgment(s): 2682

    Keywords:

    disability benefit; invalidity;



  • Judgment 3300


    116th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the complaint filed against the decision not to consider the complainant's disability as resulting from an occupational disease.

    Judgment keywords

    Reference(s)

    Organization rules reference: Articles 89(3), 89(4) and 90(1) of the Service Regulations

    Keywords:

    disability benefit; invalidity; medical board; medical opinion; order; pension; procedural flaw; service-incurred; staff regulations and rules;



  • Judgment 3145


    113th Session, 2012
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    illness; invalidity; service-incurred; unjspf;



  • Judgment 2843


    107th Session, 2009
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 6

    Extract:

    As a result of slipping on liquid in the Office's underground car park, the complainant suffered a fracture of the leg.
    "The complainant contends [...] that the Office breached the duty of care owed to its employees by failing to provide a safe work environment. He maintains that the Office was negligent in its cleaning and maintenance of the car park and claims that it should have been mopped instead of just swept on a weekly basis and that the security staff were not specifically trained to check for and report oil or water stains."
    "Given the nature of the premises, namely a car park, it cannot be concluded that it was reasonable for the Office to take measures in addition to those that were in place at the time of the accident. In particular, it cannot be concluded that it should have arranged for the mopping rather than the sweeping of the floors. Moreover, it has not been established that, even if additional measures had been taken, they would have eliminated the risk of injury. Accordingly, negligence has not been established and the complaint must be dismissed."

    Reference(s)

    ILOAT Judgment(s): 435, 2533, 2804

    Keywords:

    general principle; invalidity; liability; material damages; organisation's duties; professional accident; service-incurred;



  • Judgment 2537


    101st Session, 2006
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    One of the two members of the Medical Committee convened to examine the complainant's work capacity attached a handwritten statement to the report that an occupational origin of the invalidity could not be excluded. The Tribunal rules that "it was certainly not appropriate for members of the Office's Administration - faced with a clearly contradictory medical report - to approach the second expert in order to persuade him to withdraw his diverging opinion."

    Keywords:

    complaint allowed; complaint allowed in part; discontinuance; independence; invalidity; medical board; medical opinion; service-incurred;



  • Judgment 2533


    101st Session, 2006
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 26

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "[G]iven the possibly progressive nature of [the illness], the condition may continue to deteriorate seriously. [...] the Tribunal asserts unequivocally that the defendant's obligation to pay the complainant reasonable compensation for the results of his workplace injury is a continuing one and is not affected or diminished by the terms of an insurance policy to which the complainant is not a party."

    Keywords:

    complaint allowed; complaint allowed in part; consequence; disability benefit; handicapped person; illness; insurance; insurance benefit; invalidity; maximum limit; organisation's duties; professional accident; provision; service-incurred;

    Consideration 6

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "It is common for a mature legal system to provide compensation on a 'no fault' basis to employees who suffer workplace injuries; the law of the international civil service can do no less."

    Keywords:

    applicable law; complaint allowed; complaint allowed in part; general principle; handicapped person; international civil service principles; invalidity; material damages; official; organisation's duties; professional accident; service-incurred;

    Consideration 22

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "The absence of an indexation clause [of the "disability pension"], however, does not remove the defendant's obligation to provide the complainant with adequate compensation. The concern that the utility of the award may be reduced through spoliation is very real and could, in times of high inflation, conceivably, have the effect of negating the very purpose of the disability pension which is to make the complainant whole despite his service-related injury. That is only a possibility, however, and the Tribunal is reluctant to order indexation as a matter of routine when the feared spoliation may never occur to an extent significant enough to seriously affect the complainant's position. Exceptionally, the Tribunal will frame its order in such a way that the complainant may apply at a future date for an adjustment to any ongoing pension payments when and if the purchasing power of such payments has been reduced by at least 10 per cent. Such applications should be by way of request for the execution of the present judgment."

    Keywords:

    adjustment; application for execution; complaint allowed; complaint allowed in part; cost-of-living increase; disability benefit; handicapped person; invalidity; organisation's duties; professional accident; reckoning; service-incurred;

    Consideration 18

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "[T]he expenses of necessary adaptations to house and car are on no different footing than other necessary expenses incurred as a consequence of the complainant's service-related injury and must be reimbursed."

    Keywords:

    complaint allowed; complaint allowed in part; handicapped person; insurance benefit; invalidity; organisation's duties; professional accident; refund; service-incurred;



  • Judgment 2432


    99th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Tribunal takes the view that, before taking a final decision, any collegiate body must meet to deliberate. A meeting may not be absolutely necessary, however, [...]if the Committee members agree on all the points of their individual reports.
    In this case, in view of the uncertainty regarding the period referred to in assessing the seriousness of the complainant's illness, of the fact that she was suffering from afflictions requiring treatment by different medical specialists and of the differences of opinion which emerged regarding the seriousness of the illness and the incapacity it caused, the Tribunal considers that the Invalidity Committee should have met before issuing its final decision. Since no meeting took place, the procedure leading up to the impugned decision is flawed even though the practitioner appointed by the complainant did not raise any objection. The decision must therefore be set aside and the case sent back to the Organisation for reconsideration of the question [...]"

    Keywords:

    advisory body; complaint allowed; complaint allowed in part; condition; due process; invalidity; procedural flaw; remand;



  • Judgment 2146


    93rd Session, 2002
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    The Invalidity Committee was constituted of two doctors respectively appointed by the organization and the complainant and of a third member chosen by mutual agreement between the first two doctors. The doctor appointed by the complainant resigned. He appointed another but challenges the fact that the third member was not rechosen. "It is clear [...] that if a member is replaced, the appointment should be by the same person or persons who originally appointed the member who has left. The complainant is wrong to liken the Invalidity Committee to an arbitral body that must always have representation from each side and must always be presided by someone chosen by the parties' representatives. The Invalidity Committee is a statutory body and once regularly constituted, it has the powers vested in it by the rules. The appointments to it do not become invalid simply by reason of the departure of a member."

    Keywords:

    complaint allowed; complaint allowed in part; composition of the internal appeals body; consequence; disability benefit; invalidity; medical board; pension entitlements; resignation;



  • Judgment 2145


    93rd Session, 2002
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 to 8

    Extract:

    "In the Organisation's view, since the payments it was making to the complainant were entirely voluntary, a matter of grace and favour on its part, it was quite at liberty to suspend such payments when the complainant failed to fulfil her obligation to submit to the [...] medical examination [required by the Invalidity Committee]. [It] is wrong. The Invalidity Committee's report [...] was categorical in stating that the complainant must be regarded as not fit for work. That means that she was unable to perform her duties and at a minimum she was entitled to receive the emoluments provided for in Article 62(7) unless and until the Invalidity Committee made a further finding putting an end to her sick leave, extending it, or placing her on permanent disability. But, without the authorisation of the Invalidity Committee, the [Organisation] had no right by its own unilateral action to suspend the payments to which she was entitled by law. [...] There can be no doubt that the [complainant] has a clear obligation to assist the Invalidity Committee and to present herself as and when reasonably required to do so for examination or treatment. If she fails to do so, that might constitute grounds for the Invalidity Committee to declare her sick leave at an end or it might form the basis of disciplinary action. [However, the Organisation] cannot take the law into its own hands without regard for the complainant's rights or its own obligations under the Service Regulations. [...] The highhanded actions of the [Organisation] in cutting the complainant's payments are both unjustified and illegal. The impugned decision must be rescinded."

    Reference(s)

    Organization rules reference: ARTICLE 62 (7) OF THE SERVICE REGULATIONS

    Keywords:

    complaint allowed; disability benefit; disciplinary procedure; incapacity; invalidity; medical board; medical examination; medical fitness; organisation's duties; payment; pension entitlements; refusal; right; sick leave; staff member's duties; staff regulations and rules;



  • Judgment 2047


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

    Consideration 11

    Extract:

    "The complainant adopts the position taken by the Appeals Committee to the effect that the [organisation] was obligated to appoint its own medical officer for the purposes of dealing with her claim and was not entitled to rely on the medical adviser appointed by [the insurance company] Van Breda for that purpose. For the Tribunal to so hold would amount to a denial of the organisation's right to appoint the medical officer of its choice. The fact that it selects and relies on the same medical adviser as the one appointed by the insurer, whom it has engaged to carry out its obligations to provide health coverage to its staff, is not in the least surprising. Such appointment cannot have any adverse effect upon the complainant who retains the right given by Article 90 [of the Service Regulations] to have any contested issue relating to medical matters determined by the Invalidity Committee."

    Reference(s)

    Organization rules reference: ARTICLE 90 OF THE SERVICE REGULATIONS

    Keywords:

    complaint allowed; complaint allowed in part; insurance; invalidity; medical board; medical consultant; medical opinion; organisation's duties;



  • Judgment 1901


    88th Session, 2000
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 9

    Extract:

    The organization refused the complainant both an unsuitability and an invalidity pension. It explains that it couldn't arrange for a final medical examination at the time of the complainant's dismissal because he was in prison. "The Tribunal cannot accept that argument. Under Article R II 4.18 of the Staff Regulations, a medical examination is compulsory when a contract is terminated, for whatever reason. In view of the particular circumstances of the case, [the organization] should have been at particular pains to comply with that rule. In the absence of such an examination the pension fund should have determined whether, upon termination of service, the complainant was to be treated as unfit for work because of a deterioration in his physical or mental health which occurred while he was employed by [the organization]. The administrator of the Pension Fund was, therefore, wrong [...] when he refused to consider the complainant's entitlement to a pension for unsuitability." The case was sent back to the Pension Fund.

    Reference(s)

    Organization rules reference: ARTICLE R II 4.18 OF THE STAFF REGULATIONS OF CERN

    Keywords:

    case sent back to organisation; cern pension fund; complaint allowed; complaint allowed in part; disability benefit; due process; incapacity; invalidity; medical examination; organisation's duties; pension; pension entitlements; procedure before the tribunal; refusal; service-incurred; termination of employment;



  • Judgment 1637


    83rd Session, 1997
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16 (c)

    Extract:

    The complainant claims an invalidity pension. The Tribunal holds that he is not entitled to one. "Articles 11.1 and 11.2, [of UNIDO's Staff Rules], which deal with total or partial disability attributable to the performance of official duties, do not apply to cases like this one where, after several months' sick leave on full pay, the member does not go back to work and the reason is not that he is unfit but that he has reached the age of retirement and has had to stop work because of a decision no longer subject to challenge."

    Reference(s)

    Organization rules reference: ARTICLES 11.1 AND 11.2 OF UNIDO'S STAFF RULE

    Keywords:

    age limit; complaint allowed; complaint allowed in part; invalidity; res judicata; retirement; separation from service; service-incurred; sick leave; staff regulations and rules;

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Last updated: 02.07.2020 ^ top