Such is taken who believed to take … pretending to have been a victim of a fall in the premises of the lake hospital (Eure-et-Loire) where she worked, a nursing assistant had seized the Administrative Court of Orleans (Loiret) in August 2022 after having been refused on the part of the director of the hospital to recognize this accident as “attributable to service”.
A sprained ankle …
If this character had been recognized, she could have touched her full and complete remuneration during her ten weeks of stopping. She therefore maintained that the hospital had committed a “manifest error of appreciation” and asked that it be “injuncted” to recognize the professional nature of this work stoppage under penalty of “200 euros per day of delay”.
“Ms. XXX declared on September 14, 2021 that he had a fall on the staircase leading to the outside parking lot at the entrance to the hospital establishment, causing a sprain of the external side ligament of its right ankle”, therefore recontextualizes the administrative court of Orleans in a judgment dated April 10, 2025 which has just been made public. “A work stoppage was prescribed until November 30, 2021. By a decision of October 15, 2021, the director refused to recognize accountability in the service of this accident. »»
… but no fall on the hospital staircase
“The hospital center has diligent an administrative investigation during which the surveillance video was viewed in accordance with Ms. XXX,” said the judges. “If the complainant maintains that she had a fall while she was taking her service at the La Laupe hospital center, the reality of this accident is not established. »»
“Indeed, the applicant does not produce any direct testimony of her fall and the certificates which she provides in support of her appeals are only circumscribed at the danger of the staircase,” underlines the administrative court of Orleans. “In addition, Ms. XXX does not usefully dispute that video surveillance had not revealed any fall. Even though the medical parts produced make it possible to establish the reality of a sprain of his right ankle, it does not emerge from the file that the interested party would have been the victim of this sprain at the place and in the time of her service. The nursing assistant will therefore not receive the 2,000 euros in lawyers that she claimed.
