UNDT/2013/059 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2013/059, Simmons

UNAT Held or UNDT Pronouncements

The administrative decision that was being challenged was made on the recommendation of the Advisory Board on Compensation Claims (“ABCC”). The Tribunal found that the ABCC was correct in rejecting the Applicant’s claim for compensation for injuries suffered from the car accident.

Decision Contested or Judgment Appealed

The Applicant challenged the decision not to award her compensation for injuries which she sustained from a vehicular accident. She contended that when the accident occurred she was commuting from work and therefore on official duty.

Legal Principle(s)

Entitlement to compensation for injuries sustained while commuting to work: Appendix D does not specifically provide for compensation for injuries sustained while commuting to and from work. However, under the practice of the ABCC, staff members are entitled to compensation when travelling via the most direct route.Staff members’ obligation to cooperate with ABCC: When dealing with a case regarding compensation for injuries sustained while commuting to and from work, it is reasonable for the ABCC to require from the concerned staff member an explanation supported by appropriate documentation, if available, about the her/his journey when s/he obviously did not travel the most direct route.

Outcome

Dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Simmons

Entity

ABCC

Case Number(s)

UNDT/NY/2010/091

Tribunal

UNDT

Registry Location :

New York