Kee Yau Chong v S H Interdeco: Work Injury Compensation for Workplace Assault
In Kee Yau Chong v S H Interdeco Pte Ltd, the High Court of Singapore heard an appeal regarding the dismissal of Kee Yau Chong's claim for work injury compensation under the Work Injury Compensation Act (WICA). Kee Yau Chong, an apprentice carpenter, suffered severe burns after a co-worker assaulted him. The Assistant Commissioner dismissed the claim, but Justice Wei allowed the appeal, finding that the injury was caused by an accident arising out of and in the course of employment. The court established the employer's liability under WICA.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning work injury compensation for burns suffered by Kee Yau Chong after a workplace assault. The court allowed the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Kee Yau Chong | Appellant | Individual | Appeal Allowed | Won | |
| S H Interdeco Pte Ltd | Respondent | Corporation | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| George Wei | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Hee Joek | Tan See Swan & Co. |
| Suppiah Thangaveloo | Thanga & Co |
4. Facts
- Kee Yau Chong worked as an apprentice carpenter for S H Interdeco Pte Ltd.
- On 11 June 2011, Kee Yau Chong was assaulted by a co-worker, Kuu Siau Lam.
- Kuu Siau Lam threw thinner at Kee Yau Chong and set him on fire with a lighter.
- Kee Yau Chong suffered burns on 28% of his body.
- The incident occurred at the workplace during working hours.
- Kuu Siau Lam was sentenced to four years’ imprisonment for the assault.
5. Formal Citations
- Kee Yau Chong v S H Interdeco Pte Ltd, Originating Summons No 778 of 2012, [2013] SGHC 218
6. Timeline
| Date | Event |
|---|---|
| Kee Yau Chong commenced work as an apprentice carpenter for S H Interdeco Pte Ltd. | |
| Kee Yau Chong was assaulted by a co-worker, Kuu Siau Lam, and suffered severe burns. | |
| Kuu Siau Lam was sentenced to four years’ imprisonment in the District Court. | |
| Medical report submitted to the Ministry of Manpower by Dr. Terence Goh Lin Hon. | |
| Assistant Commissioner dismissed Kee Yau Chong's claim for work injury compensation. | |
| High Court allowed the appeal. |
7. Legal Issues
- Definition of 'Accident' under WICA
- Outcome: The court held that the concept of an 'accident' within the scheme set up by the WICA was broad enough to include injuries arising from deliberate acts of battery, especially where the battery was unexpected from the point of view of the victim.
- Category: Substantive
- Sub-Issues:
- Deliberate act vs. accidental event
- Unexpectedness from the victim's perspective
- Related Cases:
- [2006] 4 SLR(R) 507
- [1914] AC 667
- Arising out of and in the course of employment
- Outcome: The court found that the accident arose out of and in the course of Kee Yau Chong's employment because it occurred during ordinary working hours, at the workplace, and arose from an argument between co-workers in a shared workspace.
- Category: Substantive
- Sub-Issues:
- Causal connection between employment and accident
- Accident during working hours at the workplace
- Related Cases:
- [2011] 3 SLR 1167
- Substantial question of law
- Outcome: The court found that the appeal concerned a substantial issue of law, satisfying the requirements for an appeal against the order made by the learned Assistant Commissioner to the High Court pursuant to s 29 of the WICA.
- Category: Procedural
- Sub-Issues:
- Misinterpretation of statute
- Taking irrelevant considerations into account
- Related Cases:
- [2009] 3 SLR 1028
- [2012] 1 SLR 15
8. Remedies Sought
- Compensation for injuries
9. Cause of Actions
- Work Injury Compensation Claim
10. Practice Areas
- Personal Injury
- Workplace Safety
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| NTUC Income Insurance Co-operative Ltd v Next of kin of Narayasamy s/o Ramasamy (deceased) | High Court | Yes | [2006] 4 SLR(R) 507 | Singapore | Cited for the requirements to establish employer liability under s 3(1) of the WICA. |
| Karuppiah Ravichandran v GDS Engineering Pte Ltd and Another | High Court | Yes | [2009] 3 SLR 1028 | Singapore | Cited for the policy that decisions of the Assistant Commissioner are not to be examined as though they are decisions of a court of law. |
| Allianz Insurance Co (Singapore) Pte Ltd and others v Ma Shoudong and another | High Court | Yes | [2011] 3 SLR 1167 | Singapore | Cited for the policy of WICA to provide a simpler and quicker way to settle compensation claims by avoiding protracted legal proceedings. |
| Pang Chew Kim (next of kin of Poon Wai Tong deceased) v Wartsila Singapore Pte Ltd | High Court | Yes | [2012] 1 SLR 15 | Singapore | Cited for the range of errors of law recognised as being relevant for an appeal under s 29(2A). |
| Edwards (Inspector of Taxes) v Baristow | House of Lords | Yes | [1956] AC 14 | United Kingdom | Cited for the principle that a factual finding which was such that no person acting judicially and properly instructed as to the relevant law could have come to the determination upon appeal amounted to a misconception or error of law. |
| Board of Management of TRIM Joint District School v Kelly | House of Lords | Yes | [1914] AC 667 | United Kingdom | Cited for the meaning of accident under the Workmen’s Compensation Act 1906, specifically whether deliberate killing could be an accident. |
| Clover Clayton & Co Ltd v Hughes | House of Lords | Yes | [1910] AC 242 | United Kingdom | Cited in deciding the meaning of accident. |
| Nani v Public Utilities Board | High Court | Yes | [1979-1980] SLR(R) 737 | Singapore | Cited for the principle that disputes between fellow workers on the same team were not unexpected and were incidental to their employment in working as a team. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Work Injury Compensation Act (Cap 354, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Work Injury Compensation Act
- Accident
- Arising out of employment
- Course of employment
- Workplace assault
- No-fault regime
- Substantial question of law
15.2 Keywords
- work injury compensation
- workplace assault
- accident
- employment law
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Work Injury Compensation | 95 |
| Personal Injury | 50 |
| Employment Law | 30 |
16. Subjects
- Work Injury
- Compensation
- Employment
- Assault