KCC 503/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Pensions Law, General Personal Injury, Compensation, Civil Evidence, Accident Reporting & Investigation
Copyright
LexisNexis
Decision date
23 May 2005
Catchwords
Personal Injury – Pension – Compensation – Workplace Accident – Evidence – Doctor’s Report – Court Authority
This case involved whether a pension and compensation was due to an individual who claimed to have been injured in a workplace accident. A doctor was appointed to report on the case and concluded the injury had not been a workplace one. The claimant stated the doctor had not properly reviewed the case. However, the court had the authority to review the evidence to decide on this point.
Background
A claimant filed a case against two defendants and requested the court to order the first defendant to pay him a retirement salary and compensation.
The court rejected the case.
The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had insufficient evidence of causation and the court had established its ruling based on a doctor's report which had concluded that the injury did not take place at the work place although the doctor did not view his medical case.