UNDT/2019/182

UNDT/2019/182, Kisia

UNAT Held or UNDT Pronouncements

The ABCC rectified the procedural irregularities as directed by Judgment No. UNDT/2019/019 in its reconsideration of the Applicant’s claim. The ABCC received and considered a medical opinion of the medical doctor of MSD, who reviewed medical reports submitted by the Applicant along with his prior medical history. While the Applicant made allegations of improper considerations, he did not provide any supporting evidence and these allegations are without merit.

Decision Contested or Judgment/Order Appealed

The decision to deny his claim for compensation under Appendix D to the Staff Rules for injuries and illnesses in relation to an incident that occurred on 27 July 2013 UNDT.

Legal Principle(s)

There are two elements that must be established for a claim under Appendix D: (a) whether a claimant suffered from the injury or illness as alleged, and (b) whether the illness or injury was attributable to the performance of official duties on behalf of the Organization. The burden of proving any allegations of ill-motivation rests with the applicant. Decision(s) contested: The decision to deny his claim for compensation under Appendix D to the Staff Rules for injuries and illnesses in relation to an incident that occurred on 27 July 2013 UNDT.

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

Kisia

Entity

Case Number(s)

Tribunal

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