Background

A claimant filed a case against a company requesting that the court order it to pay the value of compensation for a work injury.

The court refused to consider the case.

The claimant appealed and the appeal court upheld the ruling.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as he had failed to file the case within deadline due to a serious medical condition, but had filed the case once recovered.

The court held that this argument was invalid as an injury should not prevent the employee from filing a case within deadline as stipulated by Article 96 of Kuwait Law No. 38/1964.

The court therefore dismissed the appeal.