Recognition of Occupational Deafness: What the Court of Cassation Requires of Judges

You are the owner of a joinery workshop in Cavaillon, and one of your former employees, now retired, informs you that he has declared deafness as an occupational disease. His hearing deteriorated after years working near saws and planers. Your insurer tells you the case is weak. But is that really the case? The question every employer or craftsman asks: "Must you prove that the noise exceeded a certain threshold for deafness to be recognised?"

This decision of the Court of Cassation of 18 July 1988 (No. 87-13.559) answers this question precisely. It recalls that, for occupational diseases falling under Table No. 42 (conditions due to noise), it is not necessary to establish that the sound intensity reached a specific harmful level. Exposure to a sound environment resulting from the work exhaustively listed in the table is sufficient. Another key point: the hearing loss is assessed at the date of the second audiometry, not the first, deducting the age-related component.

For non-lawyers, what this judgment says is simple: if an employee worked in a listed occupation (forge, weaving, sawing, etc.) for a significant period, their deafness may be covered without needing to measure the noise with a sound level meter. And the calculation of hearing loss is based on the better ear, taking into account presbycusis (natural age-related decline). A protective decision for exposed workers, but one that may surprise employers.

The Facts: a story that happens every day

Mr. X, a metalworker in L'Isle-sur-la-Sorgue, worked from 1961 to 31 July 1984 in a mechanical parts workshop. For more than twenty years, he was exposed to noise from presses, drop hammers, and machine tools. In 1984, he consulted an ENT specialist who noted a hearing loss. Two audiometries were carried out: the first in September 1984, the second in March 1985. The doctor diagnosed bilateral deafness and issued an initial medical certificate for occupational disease.

Mr. X applied to the primary health insurance fund (CPAM) to have his deafness recognised as an occupational disease. Table No. 42 of occupational diseases (then in force) lists the work likely to cause hearing damage: work on metals by percussion, grinding, crushing, etc. The CPAM refused coverage, considering that the noise level was not high enough. Mr. X contested and brought the case before the social security tribunal (TASS) in Avignon. The TASS ruled in his favour, but the CPAM appealed to the Nîmes Court of Appeal.

The Court of Appeal overturned the judgment and refused recognition. Reason: the noise level was not measured, and the hearing loss did not reach the required threshold taking into account age. Mr. X appealed to the Court of Cassation. The Court of Cassation quashed the appeal judgment and referred the case to the Montpellier Court of Appeal. It criticised the lower courts for introducing a condition absent from Table No. 42: the requirement of a minimum noise level.

The reasoning of the court — explained

The Court of Cassation relied on Table No. 42 of occupational diseases, annexed to the Decree of 31 December 1946 (now codified in the Social Security Code). This table lists the work exposing to noise in a limited manner: "forge work, hammering, riveting, chiselling, drilling, sawing, milling, weaving, etc." The High Court recalls that, to benefit from the presumption of occupational origin (legal presumption that the disease is caused by work if the conditions of the table are met), it is sufficient that the insured person was exposed to a sound environment resulting from this work. No noise threshold condition is required.

In other words, judges cannot require proof that the noise reached a certain number of decibels (dB): that would be to add a condition that the text does not provide. This is a victory for employees, because measuring the noise level years after exposure is often impossible. The Court also specifies that the hearing loss must be assessed at the date of the second audiometry (the control one), not the first. Why? Because the first audiometry may be affected by earwax, temporary otitis, or stress. The second is more reliable. Then, the age-related component (presbycusis) must be deducted according to a reference curve. In this case, the Court of Appeal had miscalculated this deduction, leading to an unjustified rejection.

This decision is a confirmation of prior case law. It fits into a protective logic: the legislature intended to facilitate the recognition of occupational diseases related to noise, without imposing technical proof that is almost impossible to provide. The Court of Cassation ensures that lower courts strictly respect the conditions of the table, without making them stricter.

What this means for you — concretely

For employees and former employees: if you have worked in a job listed in Table No. 42 (for example, joiner in Cavaillon, metalworker in L'Isle-sur-la-Sorgue, or weaver in textiles), and you have deafness, you can apply for recognition as an occupational disease without having to prove that the noise exceeded 85 dB. You only need to establish that you were exposed to a sound environment resulting from this work. Your doctor must complete an initial medical certificate, and the CPAM will process the file. If the loss in the better ear (after age deduction) exceeds 35 dB, the presumption applies. In practice, for a 60-year-old man, the age-related loss is about 10 dB, so a measured loss of at least 45 dB is needed to reach the 35 dB threshold after deduction.

For employers: this decision exposes you to a higher risk of recognition of occupational deafness. If an employee was exposed to listed noisy work, and their hearing declines, you cannot contest by arguing that the noise was not loud enough. You must therefore strengthen prevention: hearing protection measures, display of noise levels, enhanced medical monitoring. And ensure that your workshops comply with exposure limit values (87 dB average over 8 hours).

For landlord owners: if you rent premises for noisy workshop use (e.g., garage, joinery), you may be indirectly concerned if the tenant is an employer and employees develop deafness. The landlord is not responsible for the occupational disease, but may be involved if the premises are unsanitary or non-compliant. In the context of a sale, the buyer of professional premises must check the condition of the premises and the history of noisy activities.

In L'Isle-sur-la-Sorgue, take a numerical example: a 55-year-old worker, working for 30 years in a sawmill, has a loss of 40 dB in the right ear and 38 dB in the left. The better ear is the left at 38 dB. Deduct presbycusis: at 55 years, about 5 dB. Remains 33 dB. That is below 35 dB, so the threshold is not reached. But if the loss is 42 dB in the better ear, after deduction it remains 37 dB, and the disease is recognised.

Four tips to avoid this type of dispute

• Carry out regular audiograms: any employee exposed to noise must benefit from enhanced medical monitoring. Keep the audiometry results to prove the evolution.
• Install collective and individual protections: machine enclosures, noise barriers, ear muffs or plugs. Display risk areas.
• Measure the noise level once: even if case law does not require it, having a measurement (e.g., 90 dB) is useful to contest a claim if the noise is below the danger threshold (80 dB).
• In case of an occupational disease declaration, do not systematically contest. Check the conditions of the table: is the occupation listed? Is the exposure duration sufficient? Is the loss > 35 dB after age correction? If so, recognition is almost automatic.

Further reading: related case law and developments

The Court of Cassation has rendered several decisions to the same effect. For example, in a decision of 10 February 1983 (No. 81-16.285), it had already ruled that simple exposure to the work in Table No. 42 is sufficient, without requiring a noise measurement. More recently, a decision of 19 January 2017 (No. 15-28.892) recalled that the hearing loss is assessed at the date of the second audiometry, and that the age-related component must be deducted according to the table's rules (age brackets and coefficients). The trend is consistent: judges protect employees by easing the burden of proof. For the future, the reform of occupational disease tables may extend this logic to other pathologies (e.g., conditions related to vibrations). Employers must therefore remain vigilant and anticipate these developments.

Frequently asked questions

• Q: Can I obtain recognition of occupational deafness if I never had a noise measurement in my workshop?
  A: Yes, noise measurement is not required. It is sufficient that you performed a job listed in Table No. 42 (forge, sawing, weaving, etc.) and that your hearing loss in the better ear exceeds 35 dB after age deduction, at the date of the second audiometry.
• Q: What is the time limit to declare occupational deafness?
  A: You must declare the disease within 15 days following the delivery of the initial medical certificate. Then, the CPAM has 3 months to decide. An appeal is possible before the judicial court (formerly TASS) within 2 months of the refusal decision.
• Q: What if the CPAM refuses my claim on the grounds that the noise was not loud enough?
  A: Rely on the case law of the Court of Cassation of 18 July 1988 (No. 87-13.559). You can contest the refusal before the Avignon judicial court. A specialised lawyer can assist you.
• Q: Is the 35 dB threshold the same for everyone?
  A: Yes, Table No. 42 sets a single threshold of 35 dB average loss at frequencies 500, 1000, and 2000 Hz, after deduction of presbycusis. This threshold applies to everyone, regardless of age or sex.
• Q: Can my employer contest the recognition afterwards?
  A: Yes, the employer can contest the CPAM's decision before the judicial court, but must prove that the conditions of the table are not met (e.g., that the occupation is not listed or that the loss is below the threshold). Current case law makes this contestation difficult.

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