Keywords
Summary

Keywords

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OFFICIALS - PENSIONS - INVALIDITY PENSION - DETERMINATION WHETHER THE ILLNESS IS AN OCCUPATIONAL DISEASE - POWERS OF THE INVALIDITY COMMITTEE AND THE ADMINISTRATION

( STAFF REGULATIONS OF OFFICIALS, ART . 78, SECOND PARAGRAPH )

Summary

IT IS CLEAR FROM THE COMPOSITION OF THE INVALIDITY COMMITTEE AND FROM THE NATURE OF ITS TASKS THAT IT HAS EXCLUSIVE POWERS REGARDING MEDICAL ASSESSMENT . UNDER THE PROCEDURE FOR ESTABLISHING WHETHER THE ILLNESS WHICH IS THE CAUSE OF THE INVALIDITY IS AN OCCUPATIONAL DISEASE, THE POWERS OF THE INVALIDITY COMMITTEE ARE LIMITED TO DETERMINING THE CAUSE OF THE OFFICIAL' S INCAPACITY FOR WORK AND TO VERIFYING WHETHER HIS PATHOLOGICAL CONDITION HAS A SUFFICIENTLY DIRECT RELATIONSHIP WITH A SPECIFIC AND NORMAL RISK INHERENT IN THE DUTIES WHICH HE PERFORMED . IT IS FOR THE ADMINISTRATION ALONE TO DETERMINE THE LEGAL CONSEQUENCES THAT ARE TO BE DRAWN FROM THE MEDICAL FINDINGS AND, IN PARTICULAR, TO ASCERTAIN, SUBJECT TO REVIEW BY THE COURT, WHETHER THE OFFICIAL' S INVALIDITY AROSE FROM CONDUCT INCONSISTENT WITH HIS OBLIGATIONS UNDER THE STAFF REGULATIONS .