AT/MP: Disputing the length of work stoppages

The Court of Cassation recently handed down a very important decision concerning employers' appeals aimed at contesting the duration of work stoppages or their attribution to work.

What's new for challenging the length of work stoppages?

Based on articles 1353 of the Civil Code and L. 411-1 of the Social Security Code, the Court of Cassation reaffirmed its position on the presumption of imputability to work of injuries resulting from an accident at work or occupational diseaseIf the initial medical certificate for an accident at work is accompanied by a work stoppage, the employee is entitled to a medical certificate for an accident at work.

When does the presumption of imputability apply?

The Court specifies that this presumption of imputability applies to the entire period of incapacity to work preceding either complete recovery or consolidation of the victim's condition, even in the event of discontinuity of care and symptoms.

Proof to the contrary could then only result from the absence of a causal link between the work and the state of health of the victim whose coverage is being contested.

This burden of proof which weighs on the employer will be difficult to report… since the decision rendered by the Court of Cassation exempts the primary health insurance fund from producing all the medical certificates from the moment an initial medical certificate was issued.

Cass. 2nd civ 12 May 2022, 20-20.655

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