Berger v. Château Vernous

No description
No description
Final judgment
France, Bordeaux

Farm/rural workers
Sylvie Berger
Château Vernous
Hermine Baron

Civil court
Other
Recognition of the work-related nature of the plaintiff's Parkinson's disease and the employer's inexcusable misconduct.
Tribunal de Grande Instance of Bordeaux, France

March 27, 2019
Positive
The Bordeaux High Court recognizes the work-related nature of the plaintiff's illness and the inexcusable fault of her employer. It orders that an expert opinion be conducted to assess the plaintiff's damages and returns the file for the parties' submissions once the expert opinion has been rendered.
No description

Mrs. Berger, who suffers from Parkinson's disease because of her exposure to pesticides, is seeking recognition for the work-related nature of her illness and the inexcusable fault of her employer, Château Vernous, where she has been employed since 2003. She worked on sprayed vines and was exposed to pesticides. In June 2012, she was acutely poisoned while working on a plot that had been treated twice in the previous days. Since then, her health has continued to deteriorate. In 2016, the diagnosis is made: she suffers from Parkinson's disease. In January 2017, its pathology was first recognised as an occupational disease by MSA (Mutualité sociale agricole). The hearings took place on 1/28/2019 and on 3/26/2019 the social pole of the Court of Bordeaux recognised the work-related nature of her illness and the inexcusable fault of her employer. It orders that an expert report be carried out in order to assess the worker's damages and refers the case back on 9/10/2019 for the parties' submissions. Château Vernous does not exclude appealling.