November 3, 2018
Another French Court Recognizes EHS / Microwave Sickness
A new court decision from France, from Sept 27, 2018, recognizes EHS and its correlation to EMFs ( I don’t like the name EHS and prefer to call it Microwave Sickness -the older and more accurate name). Glad to see another judge who has shown commitment to common sense and truth. The French Social Security Court recognized electromagnetic intolerance as a work-related handicap.
A reminder, in 2016 another French court awarded disability payments for a woman who the court acknowledged to be suffering from “Allergy to W-Fi”
Unfortunately courts have been failing especially on the wireless issue however, this decision and a few others keep me still hoping that courts may be of help nevertheless. That some judges are left with common sense and who are brave enough to see the truth and act upon it.
My feelings remind of a quote from the movie Philadelphia when Andrew Beckett, who was an attorney says “It’s that every now and again – not often, but occasionally – you get to be a part of justice being done. That really is quite a thrill when that happens” This is the quote I put on my law school’s notebooks.
Summary of the French Case
The Plaintiff, a technical assistant in the service department was diagnosed with EHS. The company’s doctor asked twice – once in 2011 and once in 2012 to allow him to work in a low EMF environment. But the employer didn’t accommodate him.
In Nov. 2013 a meeting took place in the office and many wireless devices were used – cell phones and tablets. The P didn’t feel well, his heart rate increased, he was dizzy fell and got injured.
He claimed that the cause for the symptoms and therefore the injury was the EMFs.
The insurance company refused to pay him claiming there was no casual link between the EMFs and the fall.
He appealed the decision. The court appointed a medical examiner, a neurosurgeon who claimed that there is no causal relationship and that the cause of the fall is psychiatric – the Ps anxiety of EMFs ie, not the EMFs themselves.
The court was not convinced by the report of the medical examiner and asked for another expert to be appointed. Dr. Pons – senior lecturer in cervicomaxillo-facial surgery at the university was appointed.
Dr. Pons, the second medical examiner determined that there was no external cause to the accident and that the casual link between the exposure to the EMFs and the accident should not be excluded. He said that even if it is not possible to scientifically prove it, because the P was already recognized as suffering from EHS by the doctor in 2011, the accident could have been caused by his exposure to the EMFs.
The court rejected the suggestion that the P suffers from a psychiatric condition – anxiety because he just believe that EMFs are harmful. The court said no other external cause can explain the symptoms and the fall and that a causal relationship between his EMF exposure and the accident is possible especially as he was diagnosed with EHS and was forced to continue and work in an unsuitable environment.
The decision is important for the following reasons:
1) Just like in the US, in France EHS/Microwave Sickness is not an officially recognized medical diagnosis. Nevertheless, doctors DO diagnose patients with it and the courts are acknowledging the diagnosis.
2) Just like in the US – the court in France did conclude in the past that EHS is real and can be caused by exposure to non-thermal EMFs
3) The court rejected the court’s appointed medical examiner opinion. The medical examiner didn’t accept the doctor’s diagnosis of EHS and claimed that P doesn’t suffer from EHS but from a psychiatric problem of being afraid of EMFs which leads to an anxiety. The court rejected the medical examiner report, appointed another expert and accepted the diagnosis of the doctor of EHS.