Bibeyran Family v. Mutualité Sociale Agricole

July 11, 2012
Final judgment
France, Nouvelle-Aquitaine

Individuals, Farm/rural workers
Agricultural social mutuality
François Lafforgue

Social court
Recognition of occupational disease
Court of Appeal of Bordeaux of Nouvelle-Aquitaine, France

September 21, 2017
No recognition of the occupational disease
No description

Denis Bibeyran's sister and wife are seeking recognition of his occupational disease from the Mutualité Sociale Agricole (MSA). Denis Bibeyran was a farm worker in the Médoc winegrowing area for 32 years and had a few plots of land of his own. He was diagnosed with cholangiocarcinoma on November 15, 2008 at the age of 46 and died of the consequences of this pathology on October 12, 2009 at the age of 47.

The Bordeaux Social Security Court rejected their claim. The plaintiffs appealed and their claim was again rejected by the Bordeaux Court of Appeal. According to the medical expert mandated by the Court: "The cholangiocarcinoma (cancer of the bile ducts) does not correspond to the disease referred to in Table 10F of the agricultural regime, i.e. it does not correspond to a hepatocellular adenocarcinoma (primary liver cancer).

The applicants then filed an appeal in cassation at the end of 2017, but the Court of Cassation, considering that there is no matter to examine the power, rejected it on November 29, 2018.

"It is on this rejection of the Court of Cassation that 7 and a half years of proceedings and the quest for justice for a man victim of his work and the pesticide industry ended," confides Marie-Lys Bibeyran, sister of the victim, at the origin of the collective Info Pesticides Médoc.

As underlined by their lawyer Mr. Lafforgue, the two points of frustration in this file are the lack of conservation of certain samples which would have allowed to specify the diagnosis, and the impossibility to obtain from Mr. Bibeyran's employers the list of the products used, which would be useful to establish a causal link.