Kuwait Court of Cassation principle number 3836

The arising of the employer's obligation to compensate the worker for contracting an occupational disease. Its condition. That this disease be included in the statement of occupational diseases or the industries or work causing them, prepared by the Ministry of Social Affairs and Labor. - The court of merits. Its obligation to address every defense maintained by a litigant whenever it is material. Its breach of this. Taints its judgment with insufficient reasoning. - The appellant's maintaining in its defense that the medical condition of the respondent's worker does not fall within the occupational or industrial diseases specified by the Private Sector Labor Law and in accordance with what the Ministry of Social Affairs and Labor prepares, and the challenged judgment's failure to examine and scrutinize this defense, although it is a material defense whose examination, if valid, would change the outcome of the action. Renders it defective for insufficient reasoning and requires its cassation.