Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
Ä¢¹½ÊÓÆµAT refused the Appellant¡¯s application for an oral hearing, noting that the Appellant was not entitled to call evidence on appeal that she should have presented to Ä¢¹½ÊÓÆµDT. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT correctly regarded itself as not competent to make medical findings contradicting the medical evidence. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT made no error in its finding that the ABCC¡¯s recommendation had no connection with the attempted recovery of monies which was allegedly paid to the Appellant by the United Nations Federal Credit Union (Ä¢¹½ÊÓÆµFCU) by mistake. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT was quite correct in its opinion that the proper way for the Appellant to request reconsideration of the conclusions reached by the Medical Services Division was to make use of Article 17 of Appendix D to have the matter re-examined by a group of medical experts. Ä¢¹½ÊÓÆµAT held that it had no reason to disagree with the Ä¢¹½ÊÓÆµDT finding that the Appellant had not pointed to any procedural irregularity which would justify overturning the contested decision. Ä¢¹½ÊÓÆµAT noted that the Appellant¡¯s arguments on appeal were essentially that she disagreed with the conclusions of the medical practitioners and sought to persuade Ä¢¹½ÊÓÆµAT to accept her view, just as she did before the Ä¢¹½ÊÓÆµDT. Ä¢¹½ÊÓÆµAT held that it was not sufficient for the Appellant merely to submit her disagreement and repeat her previous arguments to Ä¢¹½ÊÓÆµDT. Ä¢¹½ÊÓÆµAT reaffirmed its position that the appeals procedure is of a corrective nature and not an opportunity for a dissatisfied party to reargue his or her case, he or she must demonstrate that the court below has committed an error of fact or law warranting intervention by Ä¢¹½ÊÓÆµAT. Ä¢¹½ÊÓÆµAT held that the Appellant failed to demonstrate that Ä¢¹½ÊÓÆµDT committed any error of fact or law in arriving at its decision. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision by the Secretary-General to uphold the recommendation of the Advisory Board on Compensation Claims (ABCC) rejecting her claim for compensation under Appendix D of the Staff Rules (Appendix D) for alleged injuries incurred during the course of a medical examination. Ä¢¹½ÊÓÆµDT rejected the application.
Legal Principle(s)
The appeals procedure is of a corrective nature and not an opportunity for a dissatisfied party to reargue his or her case. An appellant must demonstrate that the lower court committed an error of fact or law warranting intervention by Ä¢¹½ÊÓÆµAT.