Through Writing Flers
Published on
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The administrative court of Caen (Calvados) ruled in favor of a nurse of the hospital center of Flers (Orne), whosework accident had not been recognized by the establishment. The judges ordered the hospital to review her situation within two months.
Acknowledgment of accountability to the service
This nurse was placed on sick leave in February 2019. A few months later, the reform commission spoke in favor of his request for “recognition of accountability to the service”. But in August 2019, the management of the establishment refused to recognize this accountability.
Without going further into the nature of the accident that occurred in February 2019, the judges cited the expert report of the psychiatrist. The latter saw in this accident a consequence of working conditions described as more and more difficult in his department, with in particular an “increase in the workload and the management of increasingly serious pathologies”.
No depressive state
The judges also reported that the report did not mention any depressive state linked to the applicant’s medical history. So many observations that the hospital did not “usefully” question “by limiting itself to criticizing, in a very general way, the description” made by the nurse.
For the judges, the establishment “tainted its decision with an error of law and an error of assessment”. The applicant was thus “justified in requesting the annulment of the decision of August 20, 2019 by which the Flers hospital center refused to recognize the responsibility for the accident service” of February 2019.
In addition to having to re-examine his situation, the hospital is ordered to pay the nurse the sum of € 1,500 for legal costs.
SH – PressPepper
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