J21 - Social security litigation reform: change for 2019

EXPERT'S ARTICLE - By Samia Benmahrez, Consultant HR performance, at GAC Group

A decree of October 29, 2018 published in the Official Journal clarifies the changes to the rules of social security litigation initiated by the law on the modernization of justice of November 18, 2016.

Indeed, from 1er January 2019, the amicable and contentious appeal procedure is changing!

Changes to the procedure for contesting the degree of disability

As a reminder, social security courts and disability litigation courts will be abolished in favor of the high courts (TGI), within which a "social pole" will be created.

Regarding AT / MP pricing litigation, only the Amiens Court of Appeal will be competent to hear the litigation, replacing the National Court of Incapacity and the pricing of industrial accident insurance ( CNITAAT).

The major modification concerns the contestation of partial permanent disability rates (IPP) which must be the subject of a prior compulsory appeal of a medical nature before the medical committee for amicable appeal (CMRA) within two months of the notification of the decision.

This medical commission will be made up of 3 doctors, including 2 legal experts and a social security consultant.

Another important provision of this decree, the expiration time to which the employer can consider his request rejected by the amicable appeal committee will be reduced from one month to two months (four months for the CMRA).

It is obvious that these provisions will require adaptation in the management of AT / PM disputes: it will be advisable to let the year 2019 pass to take the measure of the impactt these changes in the processing of cases and the length of proceedings.

This reorganization between in force from 1er january 2019, therefore, we invite you to contact your dedicated consultant if you have any questions.


LAW No. 2016-1547 of November 18, 2016 on the modernization of justice in the 21st century https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000033418805&categorieLien=id

Decree 2018-928 of October 29, 2018, JO of October 30, 2018  https://www.legifrance.gouv.fr/eli/decret/2018/10/29/JUSC1814381D/jo/texte

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