Kuwait Court of Cassation principle number 4705

Determination of the employer’s liability for occupational risks. Effect thereof. The worker’s right to compensation for a work injury without being required to prove fault on the part of the employer or his representative. Its condition. That the accident not be. Caused by gross and intentional conduct by the worker. Article 65 of Law 38 of 1964 - Gross and intentional misconduct by the injured worker forfeiting his right to compensation. Its nature. - Determining whether or not the injured person’s fault is gross. A factual matter within the exclusive authority of the trial judge. Its condition. Example of a reasonable finding of the absence of gross fault.