E.X V. Agricultural social mutuality

15/00264
No description
Final judgment
France, Limoges

Farm/rural workers
No description
Agricultural social mutuality
TTLA & Associés - François LAFFORGUE

Civil court
Other
Claims the benefit of table 10 F of agricultural occupational diseases for his pathology related to "urinary tract cancers" and resulting from exposure to pesticides (dangerous organochlorine products) 
Court of Appeal of Limoges, France
No description

February 29, 2016
Positive
Reverses the judgment of February 11, 2015; States that Mr. X's condition will be covered under the occupational legislation,
No description

In a decision dated February 26, 2016, the Limoges Court of Appeal granted the request for recognition of an occupational disease filed by E. X, an arboriculture worker, who contracted bladder cancer as a result of his exposure to pesticides.

The Mutualité Sociale Agricole du Limousin had refused to recognize the occupational origin of this pathology, relying on the opinion of the Regional Committee for the Recognition of Occupational Diseases (CRRMP) of Limoges. As the amicable settlement commission had the same opinion, Mr. X referred the matter to the Social Security Tribunal (TASS) of Corrèze, which, by judgment of June 26, 2014, referred the matter to a second CRRMP. As the second CRRMP also rejected the claim for lack of a direct link, the TASS, by a judgment of February 11, 2015, dismissed Mr X's claim. He then appealed.

The Limoges Court of Appeal recognized that Mr. X had suffered from cancer of the urinary tract (of which the bladder is a part) and had used various phytosanitary substances during his professional activity, some of which contain organic arsenic compounds. It considered that the link between the professional activity and the pathology noted was sufficiently close for the request for recognition of an occupational disease to be granted.