Facts
[F.] worked as an industrial flooring installer for company X SA, insured with the Swiss National Accident Insurance Fund (CNA). In January 1995, he had to cease his activity due to facial, eye and ear edema, diagnosed as an occupational disease. The CNA took over the case and paid a daily allowance. It then declared [F.] unfit for any work with exposure to epoxy resins and granted him an indemnity for change of occupation.
In 1998, the CNA reconsidered its position and refused to grant the indemnity for change of occupation, on the grounds that [F.] had not worked in contact with epoxy resins for the minimum period of 300 days required by the regulations. [F.] contested this decision before the Administrative Court of the Canton of Geneva, which dismissed his appeal.
Considerations
The Federal Tribunal examines the legality of Art. 86 para. 1 let. b of the Ordinance on the Prevention of Accidents and Occupational Diseases (OPA), which provides that a worker excluded from hazardous work is entitled to an indemnity for change of occupation if he has carried out this activity for at least 300 days in the previous two years.
The Tribunal considers that this provision does not exceed the framework of the legislative delegation provided for in Art. 84 para. 2 of the Federal Law on Accident Insurance (LAA). Indeed, the minimum duration of exposure is…