المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Commercial and Labour — Volume 9

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 4,069 available principles

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  1. أ- التزامه بالتعويض عن إصابة العامل

    Principle 4688The wage relied upon in calculating the amount of compensation on the basis of the percentage of permanent disability arising from the injury. Its nature.Commercial and Labour — Volume 9 · Source page ٩٠٣
  2. Principle 4689The new law does not apply to the past. An example concerning the amendment introduced to the table of disability percentages in cases of work injuries and occupational diseases. - 903 - LabourCommercial and Labour — Volume 9 · Source page ٩٠٣
  3. Principle 4690Combining two compensations for one injury is impermissible. - The Tripartite Committee for examining compensation for occupational injuries to State employees. The amount it assesses. Its condition. - The appellant’s coCommercial and Labour — Volume 9 · Source page ٩٠٤
  4. Principle 4691Determining the correct basis of liability and ascertaining the legal rule applicable to the relationship between the parties to a compensation action. Within the authority of the trial court, without this constituting aCommercial and Labour — Volume 9 · Source page ٩٠٤
  5. Principle 4693The employer’s obligation to compensate the worker for his injury is contingent upon two conditions. Their nature. Assessment of their fulfilment. A matter of fact.Commercial and Labour — Volume 9 · Source page ٩٠٤
  6. Principle 4694The worker’s or his heirs’ right to lump-sum compensation for an occupational injury does not preclude a claim against the responsible employer for the damage remaining uncompensated where the damage arose from his persoCommercial and Labour — Volume 9 · Source page ٩٠٤
  7. Principle 4695Provisions of laws and equivalent ministerial decisions. The general rule is that they apply only to what occurs from their effective date and have no effect on what occurred before them. - Occurrence of an occupational Commercial and Labour — Volume 9 · Source page ٩٠٤
  8. Principle 4697The employer must report the worker's injury to the police station and the Ministry of Social Affairs. The worker may make this report. The employer's failure to make this report. It may not be used as a pretext to depriCommercial and Labour — Volume 9 · Source page ٩٠٥
  9. Principle 4698The worker’s lack of entitlement to recourse against the employer for harm suffered on the basis of compensation for work injuries or occupational diseases. It does not prevent him from claiming compensation from the empCommercial and Labour — Volume 9 · Source page ٩٠٥
  10. Principle 4699The employer’s obligation to compensate the worker for contracting an occupational disease. Its condition.Commercial and Labour — Volume 9 · Source page ٩٠٥
  11. Principle 4700The employer's obligation to compensate the worker for a work injury. Its condition. The basis of this compensation.Commercial and Labour — Volume 9 · Source page ٩٠٥
  12. Principle 4701Law 38 of 1964 concerning labour in the private sector supplements Law 28 of 1969 concerning labour in the oil business sector in matters for which the latter law contains no provision. The latter law’s absence of regulaCommercial and Labour — Volume 9 · Source page ٩٠٥
  13. Principle 4702The employer’s obligation, where a worker is injured in an accident arising out of and in the course of work, to pay the prescribed statutory compensation. The basis upon which it is assessed. Its difference in cases of Commercial and Labour — Volume 9 · Source page ٩٠٥
  14. Principle 4703Assessment of compensation making good the damage. A matter of fact for the trial court. Its condition. Its statement of the bases of assessment. - The worker’s injury in an accident caused by and occurring during work. Commercial and Labour — Volume 9 · Source page ٩٠٥
  15. Principle 4704Treating an injury as an occupational injury. Its criterion. It occurred in an accident during and because of work. The injury’s occurrence away from the employer’s premises. This does not affect its classification as arCommercial and Labour — Volume 9 · Source page ٩٠٦
  16. Principle 4705Determination 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 representatiCommercial and Labour — Volume 9 · Source page ٩٠٦
  17. Principle 4706The wage relied upon in calculating the amount of compensation for the percentage of permanent disability arising from a work injury. Its nature: it is the wage the worker was receiving at the time his condition stabilisCommercial and Labour — Volume 9 · Source page ٩٠٦
  18. Principle 4707Gross and deliberate misconduct on the part of the injured worker. Its nature. - Determining that the worker suffered an illness, a work injury or an occupational disease, the existence of a causal relationship between iCommercial and Labour — Volume 9 · Source page ٩٠٦
  19. Principle 4709The employer. His obligation to compensate the worker for his injury caused by work in accordance with the criterion specified in Ministerial Decision 66 of 1983, under which his condition stabilized. Calculation of compCommercial and Labour — Volume 9 · Source page ٩٠٧
  20. Principle 4710The State’s liability to compensate its civilian employees for occupational injuries. Its basis: fault for which it is answerable, or fulfilment of the conditions for recourse against it for Sharia blood money in its capCommercial and Labour — Volume 9 · Source page ٩٠٧
  21. Principle 4711Ascertaining the facts of the case, assessing evidence and documents, and determining or denying that the injury occurred during and because of work. Within the authority of the court of merits whenever it bases its judgCommercial and Labour — Volume 9 · Source page ٩٠٧
  22. Principle 4712It being established that the report of the General Department of Criminal Evidence specified the disability percentage for complete loss of smell without specifying it for the sense of taste. The challenged judgment’s dCommercial and Labour — Volume 9 · Source page ٩٠٧
  23. Principle 4713The entitlement of a worker in the oil sector to compensation from the employer for his injury. Its criterion. - The employment contract during the worker’s conscription. A contract suspended until his return. Its effectCommercial and Labour — Volume 9 · Source page ٩٠٨
  24. Principle 4714A claim for compensation for moral damage resulting from the death of the deceased predecessor pursuant to the rules of tort liability. Differs in subject matter and cause from a claim for compensation for the deceased pCommercial and Labour — Volume 9 · Source page ٩٠٨
  25. Principle 4715Lump-sum compensation pursuant to the schedule issued by the Ministry of Social Affairs and Labour for the worker’s injury caused by and occurring during work. It does not preclude a claim against the responsible employeCommercial and Labour — Volume 9 · Source page ٩٠٨
  26. Principle 4716Compensation of National Petroleum Company workers for bodily injuries or fatal accidents occurring to them while outside Kuwait. Its condition. Their injuries must have occurred while performing official or training assCommercial and Labour — Volume 9 · Source page ٩٠٨
  27. Principle 4717Gross misconduct on the worker’s part that relieves the employer of liability to compensate the worker for a work injury. Its meaning. - The first-instance judgment’s disregard of the respondent’s contention that it was Commercial and Labour — Volume 9 · Source page ٩٠٨
  28. Principle 4718Assessment of evidence and expert reports and ascertainment of the facts. Within the authority of the court of merits. It may establish or - 908 - Labour deny that the injury occurred during and because of work and whethCommercial and Labour — Volume 9 · Source page ٩٠٨
  29. Principle 4719The worker’s entitlement to fixed compensation according to the schedule issued by a decision of the Minister of Social Affairs and Labour if injured during and because of work. It does not preclude a claim against the rCommercial and Labour — Volume 9 · Source page ٩٠٩
  30. Principle 4721The arising of the employer's obligation to compensate the worker for contracting an occupational disease. Its condition. That the disease be included in the list of occupational diseases or the industries or work causinCommercial and Labour — Volume 9 · Source page ٩٠٩
  31. Principle 4722The appellant’s contention before the expert appointed by the court of first instance that it was not liable for compensation for the permanent partial disability arising from the second respondent’s injury at work, becaCommercial and Labour — Volume 9 · Source page ٩٠٩
  32. Principle 4723The challenged judgment’s ruling that the action brought by the appellant against the respondent company was inadmissible because it was brought against a party without standing, owing to the absence of an employment relCommercial and Labour — Volume 9 · Source page ٩٠٩
  33. Principle 4724Ascertaining the facts of the case, assessing evidence and documents, and determining or denying that the injury occurred during and because of work. Within the authority of the court of merits. The condition for that. -Commercial and Labour — Volume 9 · Source page ٩١٠
  34. Principle 4725Establishing or negating the occurrence of the injury during and because of work is a question of fact which the trial court independently assesses, so long as its assessment is reasonable. - Considering an injury a workCommercial and Labour — Volume 9 · Source page ٩١٠
  35. Principle 4726Requiring the employer to pay the worker his full wage throughout the treatment period specified by the physician if it does not exceed six months, and half his wage if it exceeds that period. Its condition: that he was Commercial and Labour — Volume 9 · Source page ٩١٠
  36. Principle 4727The employer’s obligation to compensate the worker for an occupational injury. Its condition. - The employer’s obligation to compensate the worker for contracting an occupational disease. Its condition. - 910 - Labour - Commercial and Labour — Volume 9 · Source page ٩١٠
  37. Principle 4728Insurance against work injuries. Its nature. - The insured’s taking out insurance for the account of the interested party alongside his insurance against his own liability. A stipulation for the benefit of a third party.Commercial and Labour — Volume 9 · Source page ٩١١
  38. Principle 4729The employer’s failure to report the accident in which the worker was injured to the police station and the Ministry of Social Affairs. Does not cause the forfeiture of his right of recourse against the insurer for the rCommercial and Labour — Volume 9 · Source page ٩١١
  39. Principle 4730The employer’s obligation to compensate the worker for a work injury. Its condition: that it occur during and because of the worker’s performance of his work. - The intended meaning of injury: that the harm sustained by Commercial and Labour — Volume 9 · Source page ٩١١
  40. Principle 4731Ascertaining the facts of the case, interpreting contracts and instruments, assessing evidence and expert reports, and determining or denying that the injury occurred during and because of work and whether or not it is cCommercial and Labour — Volume 9 · Source page ٩١١
  41. Principle 4732The old-age, disability and death insurance scheme. Under it, the employer is liable only for the equivalent of the end-of-service gratuity at the rates set out in Article 54 of the Labour Law and the amount of the increCommercial and Labour — Volume 9 · Source page ٩١١
  42. Principle 4733The entitlement of the worker or his heirs to lump-sum compensation under the Labour Law. It does not preclude a claim against the liable employer for the damage remaining uncompensated. The condition thereof. The damageCommercial and Labour — Volume 9 · Source page ٩١٢
  43. Principle 4734The employer's obligation to compensate the worker for his injury. Contingent upon the fulfilment of two conditions. What they are. Assessment of their occurrence. A factual matter within the exclusive province of the trCommercial and Labour — Volume 9 · Source page
  44. Principle 4735The insurance policy concluded by the National Petroleum Company. It is the reference governing benefits for its workers in cases of death and total or partial disability resulting from injury or illness, as an additionaCommercial and Labour — Volume 9 · Source page
  45. Principle 4741The Medical Arbitration Committee for Occupational Injuries, its composition, jurisdiction, proceedings before it, and the nature of its decisions. Their limitation to the case where the dispute is before the Labour OffiCommercial and Labour — Volume 9 · Source page
  46. Principle 4742Medical Control Committee. Its decisions are final and may not be appealed. Courts must be bound by the conclusions it reached.Commercial and Labour — Volume 9 · Source page
  47. Principle 4743A claim for compensation for a work injury the worker’s or employer’s challenge to the treating physician’s report or medical certificate. The Medical Arbitration Committee has jurisdiction over it. Procedures and time lCommercial and Labour — Volume 9 · Source page
  48. Principle 4744The court of merits has authority to ascertain the facts and establish or negate a work injury. The condition is that it bases its judgment on sound reasons. - The opinion of the Medical Arbitration Committee. When it isCommercial and Labour — Volume 9 · Source page
  49. Principle 4745A dispute arising between the injured worker and the employer concerning the disability suffered by the worker. Its referral to the Medical Arbitration Committee at the Ministry of Health. Its implication. The Committee’Commercial and Labour — Volume 9 · Source page
  50. Principle 4747The absence in the Civil Service Law of an obligation upon the administrative authority to compensate the employee for a work injury. The formation of a tripartite committee to examine claims for compensation for work inCommercial and Labour — Volume 9 · Source page
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