BCC 340/2009

This case involved a request by a doctor for pain he suffered to be considered a workplace injury. It was wrongly argued the case had already been settled. A previous decision had involved whether a medical committee should be involved and this dispute was different.

Background

A doctor filed a case against two defendants and stated he suffered thoracic pain during his work and had had surgery as a result. The doctor stated he had requested the second defendant to consider the pain as a working injury but his request had been rejected.

The court refused to consider the case and stated it was previously settled.

The doctor appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The doctor appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court had rejected the case based on the argument it was previously settled although the previous case involved a decision made by the medical committee and its eligibility to consider his case and this dispute was different.