Victim of a work accident on February 19, 2016, a farmer contests the decision of the MSA of the Alpes-Vaucluse not to grant him an annuity based on a permanent disability rate cumulative resulting from work accidents and occupational illness of which he was previously a victim.
The Court of Cassation just proved him wrong in a decree dated March 21.
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The Court of Cassation confirms the decision of the Nîmes Court of Appeal
In its decision the Court of Cassation indeed confirmed the decision of the Nîmes Court of Appeal of February 15, 2022, considering that a Chief Operating Officer, presenting a permanent disability rate of at least 30% following illness or successive accidents, can benefit from a interest provided that the rate of partial permanent incapacity resulting from the last accident entitles you to a pension, that is to say if it results in a rate of partial permanent incapacity of at least 30%. Which was not the case for the farmer in this case.
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To benefit from a pension, a farmer must have lost 30% of his abilities after an illness or accident.
A decision which is based on the wording of article L.752-6 of the rural code, resulting from law n°2015-1702 of December 21, 2015 (PLFSS 2016), according to which “ an annuity is awarded to Chief Operating Officer or agricultural business, victim of a work accident or occupational disease, when the resulting permanent disability rate is equal to or greater than 30% ».
Once this pension has been acquired, according to the fourth paragraph of this same article D. 752-26 of the same code, in its wording resulting from decree no. 2007-1120 of July 19, 2007, in the event of successive accidents, the calculation of the rate useful relating to the pension from the last accident takes into account the sum of all the rates of permanent incapacity recognized for the insured person under the accident insurance scheme for agricultural operators, whether or not they gave rise to the payment of a annuity to determine.
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Read the judgment of the Court of Cassation
2024-04-08 19:48:46
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