M. C v. SAS VEGAM and MSA

RG 18/00999
October 30, 2018
Final judgment
France, Rennes

Technicians and Professional users
M. C
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.
Judicial Court, Social Pole of Rennes, France
Court

December 10, 2020
Positive
The occupational disease suffered by the employee is due to the inexcusable fault of his employer. The maximum increase in the pension paid to him is ordered.
National law

Following his exposure to various pesticides during his professional activities between 1980 and 2008, Mr. Chevrel became ill (extrapyramidal syndrome, Parkinson's). He brought his case before the Social Security Court of Rennes in order to have his employer's inexcusable fault recognized. The judges considered that the employer, by failing to set up a suitable storage room when the decree of 27 May 1987 relating to the protection of agricultural workers came into force, had committed a fault. Moreover, the mere fact that the employee contracted a pathology characteristic of exposure to pesticides is sufficient to establish that the measures taken by the employer were not sufficient to protect him from this danger and that the employer failed to comply with the obligation of security of result for which he was liable to his employee. Consequently, the inexcusable fault of the employer is characterized. The judges order the maximum increase in the pension paid to Mr. Chevrel.