KCC 334/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Personal Injury, Compensation, Rights & Duties of Employees & Employers, Litigation Procedure & Practice, General Insurance Law
Copyright
LexisNexis
Decision date
13 Mar 2006
Catchwords
Personal Injury – Compensation – Workplace Injury – Employer’s Liability – Litigation Procedure – Judgment – Insurance - Interest
This case involved a claim by an employer against an employee for money paid as compensation for a workplace injury as the employer had discovered the employee had been compensated by the insurance company. The court rejected the case on the basis of a previous ruling on the issue. That was incorrect as that ruling had considered the company's right to receive compensation not the amount.
Background
A company filed a case against an employee and requested the court to order the employer to pay amount of money and the legal interest. The company stated it paid the employee compensation for a workplace injury and then discovered that the employee had received compensation from the insurance company.
The court refused to consider the case because it was previously settled.
The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision