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Cases for the Appellate Body

Here you will find relevant information regarding applications for exemption from health requirements and appeals on the seafarer's doctor's decision.

  • There is no deadline for applications for exemption.

    The deadline for lodging an appeal against a decision made by the seafarer's doctor, is three weeks from the time the person received information about the decision.

  • Both applications for exemption and appeals against the seafarer's doctor's  decision must be in writing and signed by the person. The application for exemption/appeal must be sent to the seafarer's doctor who issued the relevant restricted/limited medical certificate/declaration of unfitness. 

    The person must justify the applicaton/appeal, and must write what is to be changed. In addition the following information must be attached: information about the person's position, work tasks (including function in the event of a fire or evacuation), any safety task or navigational or engineering watch function, type of vessel, work hours, manning and trade area.

    Here you will find further details.

  • The seafarer's doctor considers whether the decision on declaration of unfitness or limited medical certificate should be uphold or changed.

    If the decision is upheld, the seafarer's doctor prefares the case for the Appellate Body for health case's consideration, and sends the person's application for exemption to the Norwegian Maritime Authority including his/her professional assessment and other relevant documentation. 

    The seafarer's doctor is responsible for ensuring that the case is clarified as thoroughly as possible and send it to the NMA including his/her individual risk assessment of the case, all relevant medical information, a recommendation for the desired result with arguments and any comments from the party or others with a legal interes. 

    The seafarer's doctor has a duty to clarify and inform the person, cf. Section 11 in the Public Adminstration Act . 

  • The NMA receives, registers and forwards application for exemption/appeal to the Appellate Body for health cases for consideration. 

  • The Appellate Body for health cases considers the case and determine whether the application for exemption or appeal shall be granted or rejected. The decision of the Appellate Body complies with the procedural rules of the Public Administration Act.

    The seafarer's doctor can never revert the Appellate Body for health cases' decisions.

    The person is responsible for bringing the Appellate Body's decision to the medical examination. The seafarer's doctor is obliged to comply with the Appellate Body's decision and accordingly issue a medical certificate or a declaration of unfitness. 

    In accordance with Section 28 in the Public Administration Act, cf. Section 14 in the Health Regulations, the decision by the Appellate Body is finite, and can not be further appealed.

  • In cases where ordinary postal services will significantly delay cases being sent to the Appellate Body, the NMA accept these cases by secure emails. Provided that the NMA accepts the seafarer's doctor's secure email system, all necessary documentation related to the case shall be sent by email to the NMA for further case handling. 

    In cases where the seafarer's doctor's secure email system fails to the NMA's standards, the case shall be sent by ordinary postal services to:

    The Norwegian Maritime Authority
    P. O. Box 2222
    N-5509 Haugesund
    NORWAY

  • The processing time is normally one to three months.