Marie Dominique X et al. v. Agricultural social mutuality

May 12, 2008
Final judgment
France, Rouen

Individuals, Technicians and Professional users
Marie Dominique X, Albéric X, Raphaëlle X, Tiphaine X
Agricultural social mutuality

Social court
Coverage of Bernard X's bronchopulmonary cancer under the legislation on professional diseases, due to a double exposure to asbestos and phytosanitary products
Court of Appeal of Rouen, France

July 5, 2017
The judges do not grant the appellants' request.

Bertrand X... had a bronchial endocrine carcinoma diagnosed in February 2004. He died as a result of his disease on December 8, 2008. His beneficiaries requested that the Social Security Tribunal of Eure recognize Bernard X's disease as an occupational disease, resulting from a double exposure to asbestos and phytosanitary products. On November 12, 2015, the Social Security Tribunal rejected the Consorts' appeal and confirmed the decision to refuse coverage by the Caisse de Mutualité Sociale Agricole de Haute Normandie dated March 26, 2008, finding that there was no causal relationship between the disease and the incriminating exposures. The plaintiffs are appealing the decision. On July 5, 2017, the Rouen Court of Appeal confirmed the first instance judgment on the grounds that the direct causal link between the declared pathology and Bernard X's usual work was not sufficiently characterized.