����AV

UNRWA appealed the Judgment of the UNRWA DT that granted a staff member’s request for reimbursement of unauthorized medical expenses incurred in Germany. Although the UNDRWA DT found that the staff member failed to obtain prior authorization before seeking medical treatment in Germany, it nevertheless found that special circumstances warranted reimbursement.  The Agency appealed on the basis that the staff member was debarred from receiving compensation on account that he failed to assign his right of action to the Organization, after he obtained a favorable judgment or settlement. UNAT agreed and found that the staff member was indeed debarred from compensation pursuant to Area Staff Rule 106.4 (15).  The ratio decidendi of the Judgment of the Appeals Tribunal had nothing to do with the nature of the injury suffered, whether service-incurred or not. UNAT reached its conclusion following the applicable law that the staff member was debarred from receiving compensation as he did not assign his right of action. UNAT did not disturb the finding that the injury was service-incurred.