Ä¢¹½ÊÓƵ

The alleged lack of decision

The Tribunal noted that if a claim is submitted timely, the Administration opens the case under the framework of Appendix D, which remains open as compensation may be awarded any time after the original incident.

The Tribunal referred to art. 2 entitled ¡°Principles of award¡± of the pre-2017 Appendix D, applicable at the time the claim was submitted, and found that for a compensation to be paid or a benefit to be granted under Appendix D, a staff member must make a specific request such as the reimbursement of medical expenses or the payment of compensation for...

The Ä¢¹½ÊÓƵAT considered an appeal by Mr. Dahoud.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT correctly found that the disability benefit paid to Mr. Dahoud in accordance with Area Staff Rule 109.7(1) was different from the termination indemnity paid to certain staff members in accordance with Area Staff Rule 109.9.

The Ä¢¹½ÊÓƵAT found that despite the Medical Board's conclusion that he had an 8 per cent permanent impairment, this does not necessarily lead to a finding of permanent and total disability, as required by Area Staff Rule 109.7(7), so as to receive the supplemental benefit. Nor does this medical...

The logical consequence of rescinding the contested administrative decision would be to remand the case to DHMOSH for a new consideration in light of the Tribunal¡¯s findings in the present case. As the basic legal premise for the contested administrative decision was flawed, the Tribunal find that this would be the most appropriate remedy in the present case (in line herewith, see the Appeals Tribunal in Gueben et al. 2016-Ä¢¹½ÊÓƵAT-692, para. 48). In this regard, the Tribunal notes that it has no jurisdiction as to directing the work of a potential medical board or the ABCC. The Tribunal finds...

Regarding the applicable Appendix D to the present case, the Tribunal notes that in the current Appendix D (ST/SGB/2018/1/Rev.1), it is stated that ¡°[f]or claims filed for incidents that occurred prior to the entry into force of the present revised rules, the previously applicable rules will be applied¡± (see art. 6.1(b)). According to the Applicant¡¯s own factual submissions, whereas his compensation claim was submitted on 29 June 2018, it concerned incidents that occurred somewhere between 2015 and until his medical leave started in August 2017. The applicable Appendix D is therefore one...

The Tribunal found that the Applicant never made any appeal or request to the ABCC for reconsideration of the impugned decision in accordance with art. 17(a) of former Appendix D and that the application was therefore not receivable ratione materiae on that count. The Tribunal concluded that since the 6 February 2019 email was not an appeal/request for reconsideration of the Respondent¡¯s decision, the only contestable decision was one dated 15 January 2019. The Applicant had 30 days to contest that decision by filing a request for reconsideration pursuant to art. 17(a) of former Appendix D but...

Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT correctly stated that the former Ä¢¹½ÊÓƵ Administrative Tribunal considered and rejected all of the Appellant¡¯s other pleas and that for this reason, the matter of interest was res judicata. Ä¢¹½ÊÓƵAT also noted that Ä¢¹½ÊÓƵDT ordered the Secretary-General to make a payment of USD 25,000 as compensation for the excessive and inordinate delays and the emotional harm and to arrange for a Medical Board to consider outstanding invoices. Ä¢¹½ÊÓƵAT found that, as the Secretary-General did not appeal, he had therefore accepted the Ä¢¹½ÊÓƵDT¡¯s decision and financial award. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s decision...

Ä¢¹½ÊÓƵAT noted that there had been a policy change in 1997 which meant that staff members who requested pension as a result of an accident suffered in the service of the Organisation post-1997 were granted it with the proviso that it would only be paid until they retired. Ä¢¹½ÊÓƵAT held that, as the Appellant¡¯s accident occurred long after the policy change in 1997, the changed policy was applicable. Ä¢¹½ÊÓƵAT held that as the Appellant had reached retirement age at the time of the incapacitating injury, his appeal had to be dismissed. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General against judgment Nos. Ä¢¹½ÊÓƵDT/2011/209 (on liability) and Ä¢¹½ÊÓƵDT/2012/062 (on relief). Ä¢¹½ÊÓƵAT held that there was no evidence to support the Ä¢¹½ÊÓƵDT¡¯s conclusion that, had the Ä¢¹½ÊÓƵ Staff Pension Committee (Ä¢¹½ÊÓƵSPC) not proceeded with its determination, Ms Shanks would more likely than not have been found fit to resume her duties. Ä¢¹½ÊÓƵAT held that the only valid conclusion available on the medical evidence was that Ms Shanks was not entitled to return to work on a part-time basis since she was not able to obtain medical clearance permitting it. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that as the Secretary-General had clearly established the Ä¢¹½ÊÓƵDT¡¯s lack of jurisdiction, Ä¢¹½ÊÓƵAT, therefore, made an exception to the general rule that only appeals against final decisions are receivable. Ä¢¹½ÊÓƵAT held that, as the issue of jurisdiction did not go directly to the merits of the case, there was a need to receive the appeal at that time rather than to wait for the issue to be raised in an appeal against the final judgment. Ä¢¹½ÊÓƵAT held that the appeal was receivable. On the merits, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that there was one...

Ä¢¹½ÊÓƵAT held that the grounds for appeal were not substantiated. Ä¢¹½ÊÓƵAT held that the alleged delay in the disposal of the case at the lower level did not have any impact on the outcome of the case and was partially tolerated by the Appellant. On the merits, Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵDT¡¯s reasonable decision to accept the opinions of the attending doctor at the hospital and the Ä¢¹½ÊÓƵIFIL Chief Medical Officer concerning the approximate time of Mr McKay¡¯s death being some hours prior to Mr McKay arriving at the hospital. Ä¢¹½ÊÓƵAT held that it was correct to conclude, as Ä¢¹½ÊÓƵDT did, that, regardless of any deficiency...