Loire-Atlantique: the stroke of the expert educator of an IME is well related to his work

The administrative court of Nantes summoned theMedical-educational institute (IME) of Estuaryin Saint-Brevin-les-Pins (Loire-Atlantique), to recognize the professional origin of the work stoppages prescribed for a former expert technical instructor following his “return” related to a stroke.

The agent – who has been in the IME post since January 2006 – actually suffered this stroke in September 2015.

His employer later identified the stroke as “service-attributable” and placed him on “service-attributable sick leave” until September 30, 2017, but stopped doing so for subsequent work stoppages.

Same thing in March 2018, after an attempt to resume his part-time therapeutic activity was aborted after two weeks.

The decision has had a significant financial impact for the complainant, who has now just received half his salary of the civil servant.

This agent – who also suffers from a ” anxiety-depressive pathology ” – was even put into automatic availability between March 2019 and March 2020, which had deprived of any compensation professional.

The official specifically denounced the ” pressures used by the occupational physician on his attending physician”, which in his view is a “misuse of power”.

Difficult working conditions

“An accident occurring in the place or during the service (…) on the occasion of the exercise of a civil servant in his duties (…) present, in the absence of personal fault (…), the characteristic of a disease (…) attributable to the service”, begins the general recall in the administrative court of Nantes in a judgment dated October 5, 2022.

“It follows that the right (…) to maintain all treatment is subject to the condition that the disease (…) is directly related, but not necessarily exclusive, to an accident occurring in the performance of his duties” , he says.

To refuse to acknowledge the work’s origin of the “relapses”, the IME in fact took advantage of the neurologist report according to which the state of health of his agent has been “combined” since 2016. The extension of the work stoppage after December 2015 is even “closely related”, according to him, to the “difficulties” that declared the agent “about his working conditions “.

The fact remains that “the combination of a condition does not mean that the person concerned will no longer suffer from it”, argued the administrative court of Nantes, which also stated that the neurologist prescribed “taking the drug while alive” for this agent .

A “fragile health”, for IME

The psychiatrist who has been monitoring the agent since October 2018 also noted in a medical certificate that the latter was consulted for “a major depressive episode, specifically related to the consequences of the stroke he suffered”.

His attending physician “also considered that his work stoppages (…) wereall related to strokethat he suffered”, underlined the judges.

Under these conditions, the IME de l’Estuaire did not have to follow the opinion of the commission in its reform against recognizing the liability of the service in the termination of employment.

It was also rejected “by three votes to two”, the court said, and its opinion “does not indicate what elements the commission relied on” to justify its decision.

The IME, for its part, argued that its former specialist instructor showed “fragile health”, but there again, “it does not appear from the documents on file that a particular element, unrelated to the accident ( …), or that ” a personal fact will explain the state of health of the latter”, consider the judges of Nantes.

The Medical-Educational Institute was therefore ordered to review its copy “with all the legal consequences” indicated by the court’s decision.

He also has to pay €2,000 to the agent, who is now of age61 years oldfor his legal expenses.

Source: © PressPepper

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