French Labour Code
In forceI.-The employee or the employer may bring before the industrial tribunal, under the accelerated procedure, a dispute on the merits relating to the opinions, proposals, written conclusions or indications issued by the occupational physician based on medical elements in application of articles L. 4624-2, L. 4624-3 and L. 4624-4. The occupational physician, informed of the challenge by the employer, is not a party to the dispute.
II - The industrial tribunal may entrust any investigative measure to the occupational health inspector with territorial jurisdiction in order to enlighten it on questions of fact falling within its remit. The latter may, if necessary, enlist the help of third parties. At the employer's request, the medical elements on which the opinions, proposals, written conclusions or indications issued by the occupational physician are based, with the exception of data collected in the shared medical file in application of IV of article L. 1111-17 of the Public Health Code, may be notified to the physician whom the employer appoints for this purpose. The employee is informed of this notification.
III - The decision of the industrial tribunal replaces any disputed opinions, proposals, written conclusions or indications.
IV-The industrial tribunal may decide, by reasoned decision, not to charge all or part of the fees and costs of the expert assessment to the losing party, provided that the legal action is not dilatory or abusive. These fees and expenses are paid in accordance with the tariff set by a joint order of the ministers responsible for labour and the budget.
V.-The terms and conditions for the application of this article are defined by decree in the Conseil d'Etat.
