REVIEWED DECISION (S): Cour de cassation crim., February 11, 2003
AUTHOR (S): Mathieu, Chantal
REFERENCE: Le Dalloz, n ° 25, June 26, 2003, Som. Com. p. 1660 and s.
KEY WORDS: Labor law Accident at work Criminal liability of the company director
A court of appeal cannot, without contradicting itself, find that the accused committed a serious fault by exposing others to a particularly serious risk by not personally ensuring compliance with the regulations relating to the safety of dangerous machines and to release the latter on the grounds that he could ignore the risk arising from this failure.
REVIEWED DECISION (S): Cass. soc. July 12, 2002
AUTHOR (S): Y.Dagorne-Labbe
REFERENCE: Le Dalloz, June 13, 2002, n ° 23, Jurisprudence pp. 1867 and s.
KEY WORDS: Social law Work accident
The Court of Cassation overturns the decision of the Court of Appeal which granted the benefit of an increase for assistance from a third party, the annuity paid in this respect by the Caisse des Dépôts et Consignations to a victim of a work accident resulting in total incapacity for work of 17%. This decision violates ss. L 434-2 al. 3 and R 413-7 al. 2 of Sec. Soc. and art. 3 of law n ° 446 of 3/4/1942: only the inability to perform all the ordinary acts of life would have been such as to justify the request.
|REVIEWED DECISION (S): Cour de cassation, social chamber, February 28, 2002 , Société Eternit industries v M.-L. X and CPAM de Valenciennes
AUTHOR (S): Picca, Georges; Sauret, Alain
REFERENCE: Les Petites Affiches, n ° 62, March 27, 2002, pp. 15-19
KEYWORDS: Accident at work and occupational diseases, inexcusable fault of the employer, contractual obligation of security of result
Article 40 of Law No. 98-1194 of December 23, 1998, as amended by Article 49 of Law No. 2001-1246 of December 21, 2001, applicable to pending proceedings, reopens rights to benefits, allowances and supplements provided for by the provisions of Book IV of the Social Security Code, including in the event of inexcusable misconduct by the employer, for the benefit of victims of occupational illnesses resulting from the inhalation of asbestos dust or caused by them when they were the subject of a first diagnosed between 1 st July 1947 and the entry into force of the law, irrespective of whether or not the victim had actually seen his disease in time.
By virtue of the employment contract binding him to his employee, the employer is bound to the latter by an obligation of security of result, in particular with regard to the occupational diseases contracted by this employee as a result of the products manufactured or used by the company. Failure to comply with this obligation is in the nature of inexcusable fault, within the meaning of Article L 452-1 of the Social Security Code, when the employer was or should have been aware of the danger to which the employee was exposed and that ‘he did not take the necessary measures to preserve it.
REVIEWED DECISION (S): Nancy Court of Appeal, social chamber, February 13, 2001, CPAM des Vosges
AUTHOR (S): Kobina Gaba, Harold
REFERENCE: Le Dalloz, n ° 19, May 16, 2002, pp. 1515-1517
KEYWORDS: Accident at work, definition, mission, foreigner, alcohol, ingestion
During the entire duration of the mission, the employment contract was never suspended, the conditions of accommodation, travel and even the organization of leisure activities were necessarily carried out under the control of the employer or his delegate on site. , so that the employee’s mission had a permanent character, and the acts of everyday life were in reality inseparable from the mission itself . Under these conditions, it does not matter much to know the cause or the exact causes of the death, this one having occurred “on the occasion of the work” in accordance with the provisions of article L 411-1 of the Code of the social security.
|DECISION Cass. soc. July 19, 2001 . RELEASE No. 99-21536. – CA Dijon, October 19, 1999. -. – – CA Lyon, September 14, 1999. –
Reference BICC 543, n. Edon Lamballe, Carole, La Gazette du Palais, n ° 16, 01/16/2002, pp 20-26
KEYWORDS Accountability. – Proof. – Presumption of imputation. – Application domain. – Employee on mission.
The employee, victim of an accident during an assignment, is entitled to the protection provided for by article L. 411-1 of the Social Security Code during the entire time of the assignment that he performs for his employer. , it does not matter whether the accident occurs during a professional act or an act of everyday life, except for the possibility for the employer or the Fund to provide proof that the employee had interrupted the assignment for a personal motive
( text of the judgments of July 19, 2001 ). ( Kehrig conclusions )