����AV

Under the revised Appendix D, a claimant wishing to contest a decision based upon a medical determination shall submit a request for reconsideration of the medical determination by a technical body. On the other hand, a claimant wishing to contest a decision based on considerations other than a medical determination shall submit a written request for management evaluation. The revised Appendix D makes either a reconsideration process under art. 5.1 or a management evaluation process mandatory. In other words, a claimant needs to request either a reconsideration of medical determinations or a management evaluation of the decision that is “based on considerations other than a medical determination” under the revised Appendix D. The Applicant’s claim concerns an incident that occurred on 27 July 2013 which is clearly prior to the entry into force of the present revised rules, and thus the previous Appendix D applies. Therefore, the Appeals Tribunal’s judgments regarding the previous Appendix D are applicable in this case. Therefore, in the particular circumstances of this case, as this Tribunal stated in Kisia UNDT/2019/019, the ABCC is a technical body and a reconsideration process under art. 17 of the previous Appendix D is not mandatory.