Hervault v. Mutuelle Sociale Agricole (Insurance)

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Final judgment
France, Vannes

Farmers, Individuals
Anne-Cécile Hervault
Mutuelle Sociale Agricole (MSA)
Hermine Baron

Recognition of her husband's occupational disease
Judicial Court of Vannes, France

February 6, 2023
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The social chamber of the Judicial Court of Vannes has recognized glioblastoma, a brain cancer, which caused the death of Jean-Michel Hervault, as an occupational disease.

Jean-Michel Hervault used pesticides on his farm in Morbihan for over 20 years. He was diagnosed with glioblastoma, a disease not listed in the table of agricultural occupational diseases, at the age of 47.

The departmental fund of the Mutual Agricultural Society of Mayenne-Orne-Sarthe, seized by Anne-Cécile Hervault, the wife of the farmer, did not transmit the file to the committee for the recognition of occupational diseases related to the use of pesticides within the 120-day period allotted to it.

Consequently, the Court ruled that "the occupational nature of the farmer's pathology was implicitly recognized by the Mutuelle sociale agricole, which ruled outside the regulatory timeframe. ".

For the plaintiff, this is an implicit recognition of the causal link between the disease and the farmer's exposure.