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The Respondent contends that the application is not receivable because the Applicant did not exhaust the administrative process of seeking reconsideration of her claim pursuant to art. 17 of Appendix D to the Staff Rules. The Tribunal found that the application was receivable as the Respondent’s contention is not supported by a proper interpretation of art. 17.

Any decision issued by the Advisory Board on Compensation Claims( ABCC) will be a new administrative decision which will supersede the one contested in the present case and which will be subject to this Tribunal’s authority upon the filing of an application by either of the concerned parties.

The administrative decision that was being challenged was made on the recommendation of the Advisory Board on Compensation Claims (“ABCC”). The Tribunal found that the ABCC was correct in rejecting the Applicant’s claim for compensation for injuries suffered from the car accident.