Background

An employee made a complaint against a company before the Labour Department requesting that the department order the company to pay him compensation for a work injury. The department referred the dispute to court.

The company then filed a case against an insurance company requesting that the court order the insurance company to pay the compensation.

The court ruled that the company pay the employee 17319.307 Dinars and that the insurance company pay the company the mentioned amount.

The insurance company appealed and the appeal court upheld the ruling.

The insurance company and the company appealed by cassation.

Decision

Appeal No. 62/2001

The company argued that the ruling had erred in the application of law as the compensation should have been estimated based on the wage at the day of accident.

The court held that this argument was invalid as compensation should be estimated based on the wage the employee receives when his medical status has recovered.

The court therefore dismissed the appeal.

Appeal No. 61/2001