PROVIDED FOR IN ARTICLE 73 ( 2 ) ( B ) OF THE STAFF REGULATIONS . UNDER ARTICLE 73 OFFICIALS SUFFERING FROM TOTAL PERMANENT INVALIDITY CAUSED BY AN OCCUPATIONAL DISEASE ARE TO BE PAID A LUMP SUM OR AN ANNUITY IN ADDITION TO THE INVALIDITY PENSION REFERRED TO IN ARTICLE 78 OF THE STAFF REGULATIONS .
6 THE GRANT OF THE BENEFITS IN QUESTION IS CONDITIONAL ON THE PRIOR FINDING THAT THE OFFICIAL CONCERNED IS SUFFERING FROM AN OCCUPATIONAL DISEASE . IN THIS CASE , THE MEDICAL FINDINGS OF THE INVESTIGATION CARRIED OUT TO THAT END WERE NEGATIVE AND THE APPLICANT WAS REFUSED THE BENEFITS BY DECISION OF PARLIAMENT OF 4 OCTOBER 1983 . IN SUPPORT OF HIS APPEAL , THE APPLICANT CONTESTS THE LEGALITY OF THE PROCEDURE WHICH LED TO THE MEDICAL FINDING ON THE BASIS OF WHICH PARLIAMENT TOOK ITS DECISION .
7 THE FIRST PHASE OF THE PROCEDURE FOR ESTABLISHING WHETHER OR NOT THE PERSON CONCERNED IS SUFFERING FROM AN OCCUPATIONAL DISEASE CONSISTS IN THE INQUIRY PROVIDED FOR IN ARTICLE 17 ( 2 ) OF THE RULES . FOR THE PURPOSES OF THAT INQUIRY PARLIAMENT APPOINTED ITS MEDICAL OFFICER , DR DE MEERSMAN , TO EXAMINE THE APPLICANT . DR DE MEERSMAN ASKED FOR THE APPLICANT TO BE EXAMINED BY DR STUMPER , AN EAR , NOSE AND THROAT SPECIALIST .
8 AFTER EXAMINING THE APPLICANT ON 22 FEBRUARY 1980 , DR DE MEERSMAN SUBMITTED A PROVISIONAL REPORT TO PARLIAMENT ON 14 MARCH 1980 IN WHICH HE STATED THAT , ALTHOUGH DULY CALLED TO ATTEND FOR EXAMINATION BY DR STUMPER , THE APPLICANT HAD NOT KEPT THE APPOINTMENT . DR DE MEERSMAN CONCLUDED THAT ' UNTIL SUCH TIME AS FULLER INFORMATION WAS AVAILABLE IT WAS IMPOSSIBLE TO RECOGNIZE MR BERNARDI AS SUFFERING FROM AN OCCUPATIONAL DISEASE ' .
9 ON 10 JUNE 1980 THE HEAD OF PARLIAMENT ' S SOCIAL AFFAIRS DIVISION SENT THE APPLICANT A LETTER INFORMING HIM THAT THE MEDICAL EXAMINATION CARRIED OUT ON 22 FEBRUARY 1980 DID NOT ENABLE HIS ILLNESS TO BE RECOGNIZED AS AN OCCUPATIONAL DISEASE , AND THAT IF HE DISAGREED WITH THAT DECISION HE WAS ENTITLED TO REFER THE MATTER TO THE MEDICAL COMMITTEE , UNDER ARTICLE 21 OF THE RULES .
10 BY A LETTER DATED 19 JUNE 1980 THE APPLICANT INTIMATED HIS DISAGREEMENT WITH DR DE MEERSMAN ' S FINDINGS AND ASKED FOR THE MATTER TO BE REFERRED TO THE MEDICAL COMMITTEE . HE APPOINTED DR FIDOTTI TO REPRESENT HIS INTERESTS ON THE MEDICAL COMMITTEE AND ASKED THAT DR DE MEERSMAN ' S MEDICAL REPORT OF 14 MARCH 1980 AND DR CIS ' S MEDICAL REPORT OF 22 NOVEMBER 1979 BE FORWARDED TO DR FIDOTTI .
11 ON 28 JULY 1980 THE HEAD OF THE SOCIAL AFFAIRS DIVISION INFORMED THE APPLICANT BY LETTER THAT THE MEDICAL COMMITTEE COULD NOT MEET UNTIL IT HAD RECEIVED THE FINAL REPORT OF DR DE MEERSMAN , WHO , FOR HIS PART , WAS AWAITING THE RESULTS OF THE EXAMINATION TO BE CARRIED