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Acknowledge that he has sustained ENT impairment representing a 60 per cent permanent loss of function and pulmonary impairment representing a 10 per cent permanent loss of function and order the Respondent to compensate him accordingly; b. Order the Respondent to pay him the equivalent of two years’ salary as compensation for injury sustained as a result of the gross negligence of the Organization in failing to provide the necessary protection and security for its staff. (...) They considered that the Applicant had not sustained additional functional loss related to his ENT and pulmonary impairments.

Simmons was taken by ambulance to Bellevue Hospital, where she was treated for injuries sustained in the accident. 4. On 13 October 2009, Ms. (...) The Dispute Tribunal then recognized the ABCC’s practice to allow compensation for injuries sustained during travel to and from work by the most direct route. (...) However, this practice cannot be authorized and/or expanded by the courts to cover injuries sustained during travel to and from work by an indirect route.

The ABCC requested DHMOSH’s advice as to whether the Applicant had sustained “any degree of PLF of the whole person under [art.] 11.3(c) of Appendix D due to PTSD”. 24. (...) The evidence shows that the ABCC decided to request the advice of DHMOSH as to whether the Applicant had sustained any degree of PLF due to facial scarring. (...) Based on DHMOSH’s determination that the Applicant had sustained no PLF due to facial scarring, the ABCC did not consider the Applicant’s claim any further.

The Applicant is an employee of the International Civil Aviation Authority (ICAO), who sustained injuries while serving with the Organisation in Somalia. 2. On 28 November 2019, the Applicant filed an application with the United Nations Dispute Tribunal sitting in Nairobi challenging ICAO’s failure to compensate her for the injuries sustained during the course of duty. Considerations 3.

As a result of the road traffic accident the Applicant sustained serious injuries: a crushed femur, a torn femoral artery, severed femoral vein, a lacerated chin and ten shattered teeth. (...) In regard to the first aspect, there is no dispute that the injuries sustained by the Applicant were attributable to the performance of official duties on behalf of the Organization. 27. (...) The Respondent further submits that if the Secretary- General’s initial decision is sustained, the staff member is obliged to assume certain medical fees and expenses under article 17(d) of Appendix D.

Koutang appealed his summary dismissal and the UNDT found in his favour, concluding that the charges of misconduct were not sustained and that, in any event, the sanction imposed was not proportionate to the offence. 22. (...) The Appeals Tribunal has reviewed them, together with the DC report and the UNDT findings, but cannot sustain the conclusion of the UNDT that Mr. Koutang’s actions did not amount to misconduct. 28. (...) For these reasons, and in all of the circumstances of the case, the Appeals Tribunal cannot sustain the UNDT Judgment. It finds in favour of the Secretary-General and vacates the UNDT Judgment in its entirety.

He was fully cognizant of the need for him to prosecute his cause of action and was prepared to make a determined and sustained effort to prosecute his case. e. He was deeply remorseful for his failure to attend the last hearing and apologized to the Tribunal, the Registry and to the Case No.: UNDT/NBI/2009/035 Order No. 112 (NBI/2012) Page 3 of 4 Counsel for the Respondent for the inconvenience caused by his conduct. 3. (...) In spite of assuring the Tribunal that he would stay in touch with his counsel and the Tribunal if he was given another chance to participate and present his case at a hearing and in spite of having stated that he was fully cognizant of the need for him to prosecute his cause of action and declaring that he was prepared to make a determined and sustained effort to prosecute his case, the Applicant has failed to do so. 6.

The Applicant filed an application on 28 May 2014 on behalf of his father, JNK, challenging the failure of the United Nations Development Programme (UNDP) to compensate JNK in accordance with appendix D of the Staff Rules for injuries he allegedly sustained while driving a United Nations vehicle. 2. (...) The ground on which the Applicant has filed this Application for interpretation is that the Advisory Body on Compensation Claims (ABCC) has recognized that the injuries sustained by JNK were service-incurred. 5. The Respondent filed his Reply to the Application on 31 August 2015.

As past history, [the Applicant] sustained neck injury due to an aggression during the crisis of November 2004 in Abidjan. (...) The disputed issue is whether the injury sustained by the Applicant was attributable to the performance of his official functions. 55. (...) Simmons UNDT/2013/059 concerned a claim for compensation for injuries sustained in an accident while the staff member was commuting to work in New York.

On 6 December 2013, the Applicant sustained injuries from an attack by a fellow staff member in Erbil. (...) The cost of medical care occasioned by the injuries he sustained were borne by the Organization. 8. Following certified sick leave in the United States, the Applicant returned to the duty station on 18 September 2014. 9. (...) His applications before this Tribunal were only filed in 2019 to address an injury that was sustained in 2013, despite the fact that he has had legal representation since 2014. 18.