Kuwait Court of Cassation principle number 3973

Treating an injury as an occupational injury pursuant to Article (65) of Law 38 of 1964. Its prerequisite. It must result from an accident occurring during and because of work and arising from its nature and the circumstances of its performance. Assessment thereof. A matter for the court of merits. Its condition. - The burden of proving that the worker’s injury occurred because of work. It falls upon the worker. - The worker’s failure to prove that his injury was caused by work. Its effect. No entitlement to compensation. The challenged judgment’s departure from this. An error in applying the law.