Keywords

Summary



Keywords

1 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - INVALIDITY - DEGREE OF INVALIDITY - FIXED BY THE COMPETENT MEDICAL COMMITTEE - REVIEW BY THE COURT - SCOPE

( STAFF REGULATIONS OF OFFICIALS , ART . 73 ; RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE , ARTS 16 TO 23 )

2.OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - INVALIDITY - DEGREE OF INVALIDITY - FIXED BY THE COMPETENT MEDICAL COMMITTEE - CONSULTATION OF ANOTHER DOCTOR

( STAFF REGULATIONS OF OFFICIALS , ART . 73 ; RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE , ARTS 16 TO 23 )

3.OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - INVALIDITY - DEGREE OF INVALIDITY - FIXED BY THE COMPETENT MEDICAL COMMITTEE - FREEDOM OF APPRAISAL - EARLIER FINDINGS - LEGAL FORCE

( STAFF REGULATIONS OF OFFICIALS , ART . 73 ; RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OCCUPATIONAL DISEASE , ARTS 16 TO 23 )

4.OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - INVALIDITY - AGGREGATE INVALIDITY RATE AND ALLOWANCE - FIXED BY THE APPOINTING AUTHORITY - DRAFT DECISION NOTIFIED TO THE INTERESTED PARTY - ALTERATIONS IN THE DEFINITIVE DECISION - ALTERATION OF THE AGGREGATE INVALIDITY RATE AND ALLOWANCE - NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS , ART . 73 ; RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OCCUPATIONAL DISEASE , ARTS 16 TO 23 )

Summary

1 . THE REMEDIES PROVIDED FOR BY THE STAFF REGULATIONS MAY IN PRINCIPLE BE EMPLOYED ONLY IN ORDER TO OBTAIN A REVIEW BY THE COURT CONFINED TO QUESTIONS CONCERNING THE CONSTITUTION AND PROPER FUNCTIONING OF THE MEDICAL COMMITTEES PROVIDED FOR IN THE COMMUNITY RULES ON INSURANCE AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE . THE COURT ' S REVIEW MAY NOT EXTEND TO MEDICAL APPRAISALS PROPERLY SO-CALLED .

2 . NOTHING PROHIBITS THE MEDICAL COMMITTEE PROVIDED FOR IN THE COMMUNITY RULES ON INSURANCE AGAINST THE RISK OF ACCIDENT AND OCCUPATIONAL DISEASE , LAWFULLY CONSTITUTED , FROM CONSULTING , BY COMMON AGREEMENT , OTHER DOCTORS IF IT CONSIDERS IT IS NECESSARY TO DO SO .

3 . THERE IS NO PROVISION IN THE COMMUNITY RULES ON INSURANCE AGAINST THE RISK OF ACCIDENT AND OCCUPATIONAL DISEASE WHICH REQUIRES THE MEDICAL COMMITTEE , LAWFULLY CONSTITUTED UNDER THOSE RULES , TO CONSIDER AS DEFINITIVE THE CONTENTS OF MEDICAL REPORTS OR OTHER OPINIONS PREVIOUSLY ADOPTED .

4 . THE APPOINTING AUTHORITY MAY NOT DEPART , TO THE DETRIMENT OF THE OFFICIAL OR THOSE ENTITLED UNDER HIM , FROM THE CONCLUSIONS WHICH IT REACHED IN ITS DRAFT DECISION NOTIFIED IN ACCORDANCE WITH THE COMMUNITY RULES ON INSURANCE AGAINST THE RISK OF ACCIDENT AND OCCUPATIONAL DISEASE WHEN IT ADOPTS ITS FINAL DECISION UNDER THOSE RULES . HOWEVER , THAT PRINCIPLE APPLIES ONLY TO THE DRAFT DECISION ITSELF , FIXING AN AGGREGATE INVALIDITY RATE AND AN ALLOWANCE CALCULATED ON THAT BASIS ; IT DOES NOT APPLY TO THE VARIOUS COMPONENTS OF THE REPORT OF THE DOCTOR APPOINTED BY THE INSTITUTION .