Jean-Claude Chevrel v. SAS VEGAM and MSA

RG 21/03510
October 30, 2018
Final judgment
France, Rennes

Technicians and Professional users
Jean-Claude Chevrel
SAS VEGAM, Mutualité Sociale Agricole des Portes de Bretagne
François Lafforgue, Hermine Baron

Social court
Fluquinconazole, Tefluthrin, Guazatine triacetate
To say and judge that the occupational disease of which the plaintiff is afflicted is the consequence of the inexcusable fault of his employer; to say that the pension which he receives must be increased to its maximum.
Appeal Court of Rennes, France

November 15, 2023
The Court ruled that the action for recognition of inexcusable fault brought by Mr Chevrel against the Vegam company was not time-barred; it upheld the judgment

On November 15, 2023, the Rennes Court of Appeal confirmed that the company Coralis (Vegam) had committed an inexcusable fault in the occupational illness of Jean-Claude Chevrel, a former employee of the company who developed Parkinson's disease after coming into contact with pesticides.

Jean-Claude Chevrel worked as a seed technician for Coralis from 1980. In contact with pesticides, he developed symptoms of an extra-pyramidal syndrome (Parkinson's disease), first reported in a medical certificate in 2008. In 2015, the agricultural social mutual fund Mutualité sociale agricole des Portes de Bretagne (MSA) accepted to assume his pathology as an occupational disease. In 2018, he applied to the MSA for recognition of his employer's inexcusable fault, and on October 30, 2018, filed a claim with the Ille-et-Vilaine Social Security Tribunal (TASS). In a ruling dated December 10, 2020, the Tribunal upheld the claim. The MSA and Vegam then appealed against this decision, on the grounds that the action for recognition of inexcusable fault was time-barred, and that inexcusable fault had not been characterized.

The Court of Appeal first noted that Jean-Claude Chevrel's action before the TASS had respected the two-year time limit and was therefore not time-barred. It then found that the company had committed an inexcusable fault by leaving its employee exposed to pesticides and other phytosanitary products without information, safety instructions or appropriate protection.

The Court of Appeal upheld the finding of inexcusable fault, as well as the maximum increase in the pension paid to Mr. Chevrel on the basis of a permanent partial disability rate of 60%,