KCC 123/2005

This case involved a claim for personal injury following a workplace injury. An expert was appointed to rule on the disability and compensation. However, after a claim was made that the employee had already received compensation it was stated there was insufficient evidence to rule on the case and an investigation was ordered.

Background

An employee filed a case against a company and requested the court to appoint an expert in to determine compensation he deserved for a disability which had resulted from a workplace injury and order the company to pay this compensation.

The court rejected the case.

The employee appealed the ruling before the court of appeal. The court refused to consider the case.

Decision

The employee appealed the ruling before the court of cassation.

The court of cassation repealed the ruling and appointed a doctor to review the employee's medical case.

The doctor concluded that the injury happened at work and resulted in disability of 20% and that the employee deserved compensation.

The representative of the company objected to this conclusion and stated the employee had already received compensation for this injury.