The employee, identified as M. Xavier, was in Loiret, a province south of Paris, on business for railroad company TSO on February 21, 2013, when he suffered a fatal heart attack after having sex with a woman at her home, according to court papers posted to LinkedIn by attorney Sarah Balluet and translated to English.
The man, known only as Xavier X, went into cardiac arrest while having sex in a hotel in central France in 2013, the BBC reported.
The firm had argued the man was not carrying out professional duties when he joined a guest in her hotel room.
His employer, railway construction company TSO, argued that because his sexual activity was not part of work and because he died in a different hotel in which he was staying for work, his death wasn't the company's responsibility.
TSO had told a court hearing in Meaux, to the east of Paris, that the death had occurred while the employee had "knowingly interrupted his business trip for a reason dictated by personal interest, independent of his employment" when he carried out an "adulterous relationship with a complete stranger".
According to media reports, the company told the Paris appeals court it should not be held liable for his death because it "occurred when he had knowingly interrupted his work for a reason exclusively dictated by his personal interest, independent of his employment".
His death didn't have anything to do with his work performance, but with a "sexual act he had with a complete stranger", the company added. Until a trip is interrupted by an activity that is not deemed part of everyday life, the employee remains under the employer's authority, the court said.
"During the entire period of the business trip, he remains under the employer's authority until he's shown that he has interrupted for an activity that can not be considered part of everyday life".
The High Court upheld ComCare's appeal, ruling the injury had happened after hours.