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annual report 2011
The Ombudsman agreed with the Agency’s conception of the law. He was thus
of the opinion that the National Board of Industrial Injuries should not have
passed on the diagnostic information in the two reminder letters concerned.
(Case No. 2007-3407-003)
1-2. Requirements on grounds given in disability
pension case
A man complained to the Ombudsman about his disability pension case, including in particular a question of inclusion of a particular expert opinion from
a medical specialist. The local authority and the Employment Appeals Board
had refused the man’s application for disability pension, and the National Social
Appeals Board had declined to consider the case as it was not of fundamental or
general public importance.
The Ombudsman did not find that there were grounds for criticising the authorities’ decisions in the case.
However, the Ombudsman did find that there was (definite) occasion for the
Employment Appeals Board to explain in the grounds for its decision the
significance of the above-mentioned expert opinion from a medical specialist
and to account for the reason why this particular expert opinion was not given
decisive importance. The Ombudsman stressed that the expert medical opinion
which was given importance and the one which was not given importance differed widely, also in that the latter expert opinion might argue for an outcome
which was different from the actual outcome of the case. The Ombudsman also
gave weight to the fact that the man had drawn the attention of the Employment Appeals Board particularly to the expert opinion which was not given
importance and that the man considered that expert opinion to be of decisive
importance. Therefore, the Ombudsman considered it an error that the Employment Appeals Board had not in the grounds for its decision explained the
significance of the medical expert opinion which was not given importance in
the decision.
(Case No. 2010-2810-0410)
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