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Occupational illness (866,-666)

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Keywords: Occupational illness
Total judgments found: 3

  • Judgment 4761


    137th Session, 2024
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges WHO’s refusal to recognise that the illness from which he claims to suffer is service-induced.

    Judgment keywords

    Keywords:

    complaint dismissed; occupational illness;



  • Judgment 4699


    136th Session, 2023
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decisions that found that his injuries had consolidated without permanent invalidity.

    Judgment keywords

    Keywords:

    complaint dismissed; occupational illness;



  • Judgment 4232


    129th Session, 2020
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to stop paying his salary while he was on sick leave.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; occupational illness;

    Consideration 5

    Extract:

    Although it is true that in an old judgment referred to by the OIE, Judgment 889, the Tribunal held that it was for the complainant to produce evidence proving that his illness resulted from his employment, that statement was made in circumstances where the medical advisers of the organisation in question and the insurance scheme, having examined the complainant’s case, had concluded that the alleged illness was not service-incurred. The Tribunal therefore considered that it was for the complainant, who challenged the finding of the medical advisers, to provide evidence to invalidate it (see Judgment 889, consideration 1). The situation is fundamentally different in this case. The OIE did not arrange for the complainant to undergo a medical examination or request him to do so, but the complainant has submitted a medical certificate establishing a link between his illness and his employment.
    Plainly, the findings of an official’s doctor may be disputed by the employer organisation, but where the medical certificate is sufficiently precise as to the existence and nature of the illness and the link with the official’s employment, the organisation may not reject it without carrying out its own medical examination. Since that was not done in this case, the OIE cannot challenge the occupational nature of the complainant’s illness.

    Reference(s)

    ILOAT Judgment(s): 889

    Keywords:

    occupational illness;


 
Last updated: 07.03.2024 ^ top