Judgment No. 1284
Decision
1. THE DIRECTOR-GENERAL'S DECISION OF 25 MARCH 1991 IS SET ASIDE.
2. THE CASE IS SENT BACK TO THE ORGANIZATION FOR RESUMPTION OF THE PROCEEDINGS FOR CONSIDERING THE COMPLAINANT'S CLAIM TO COMPENSATION.
3. THE ORGANIZATION SHALL PAY HIM 8,580 SCHILLINGS TO COVER THE COSTS HE INCURRED OVER THE MEDICAL BOARD'S PROCEEDINGS.
4. IT SHALL PAY HIM 10,000 SCHILLINGS IN MORAL DAMAGES.
5. IT SHALL PAY HIM 20,000 FRENCH FRANCS IN COSTS.
Consideration 4
Extract:
"Precedent has it [...] that the Tribunal may not replace the Board's assessment of medical questions with its own. But it goes further than that: the Tribunal does have full competence to say whether there was due process and whether the medical findings show any material mistake or inconsistency, or overlook some essential fact, or plainly misread the evidence."
Keywords
procedure before the tribunal; report; case law; medical board; medical opinion; judicial review; discretion; limits; disregard of essential fact; flaw; procedural flaw; mistaken conclusion
Consideration 6
Extract:
"The complainant's main claim - that his condition be declared attributable to the performance of official duties - fails because the Tribunal may not substitute its own assessment of the case for the Medical Board's."
Keywords
report; illness; medical board; service-incurred; judicial review; discretion
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