Medical grounds (667,-666)

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Keywords: Medical grounds
Total judgments found: 4

• Judgment 4424

  
  132nd Session, 2021
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the outcome of his appeals concerning absences and reduced working hours for medical reasons.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; medical grounds; unauthorised absence;
  

  
  
  

• Judgment 4415

  
  132nd Session, 2021
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decision to impose upon him the disciplinary measure of dismissal for misconduct.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; disciplinary measure; health reasons; medical grounds; misconduct; termination of employment; termination of employment for health reasons;
  

  
  
  

• 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 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;