December 1, 1985
25.4.26
The grievor sought compensation for costs incurred in obtaining assistance required du ring a convalescence period subsequent to an accident.
The grievor was injured as a result of a skiing accident and the attending physician at the American Hospital in Paris wrote to the effect that the grievor required the assistance of another person from February 26, 1985 to March 20, 1985. The grievors' sister travelled from Lisbon to Paris to provide normal personal household assistance.
The Administrative Committee considered and agreed with the report of the Foreign Service Directives Committee in that it was noted that there is no specific provision in the FSD's to cover the grievors' situation. The provision which comes the closest is FSD 54.12 which reads as follows: "in the event of critical illness or injury of an unaccompanied employee where travel is not authorized for a member of the family unit, the deputy head may authorize payment of the actual and reasonable return travelling expenses for a suitable person to the employees post and/or to a location approved by the deputy head where the employee is undergoing medical treatment, minus return travelling expenses between the location of the person who is travelling and the headquarters city." It was noted that provision was made in FSD54 to provide assistance in the event of "serious" illness or injury of a dependant student or infirmed child receiving care or training in Canada.
Consequently, the directive distinguishes between "serious" and "critical" and in the grievors case, her medical condition could not be defined as critical in order to qualify for assistance. Even if the grievors' medical condition had been critical, the "minus factor" would have precluded paying the travelling expenses for her sister from Lisbon to Paris.
It was agreed that the grievor had been treated within the intent of the directives.
The grievance was denied.