Goh Yee Lan Coreena v P & P Security Services: Work Injury Compensation Act Appeal
Goh Yee Lan Coreena, Daniel Goh Kiang Chong, and Yang Mei Chee, the plaintiffs, appealed to the High Court of Singapore against the Assistant Commissioner's decision to schedule a hearing in a work injury compensation claim against P & P Security Services Pte Ltd, the defendant. The plaintiffs argued that the Commissioner's assessment had become a binding order due to the defendant's failure to file a valid objection under the Work Injury Compensation Act. Chua Lee Ming JC allowed the appeal, declaring that the assessment had the effect of an order for payment, as the defendant did not file a valid objection within the prescribed time.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding a work injury compensation claim. The court held that the assessment became an order for payment as the employer failed to file a valid objection.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Goh Yee Lan Coreena | Plaintiff | Individual | Appeal Allowed | Won | Johnny Chu Chang Yee, Michael Hwang |
| Daniel Goh Kiang Chong | Plaintiff | Individual | Appeal Allowed | Won | Johnny Chu Chang Yee, Michael Hwang |
| Yang Mei Chee | Plaintiff | Individual | Appeal Allowed | Won | Johnny Chu Chang Yee, Michael Hwang |
| P & P Security Services Pte Ltd | Defendant | Corporation | Appeal Dismissed | Lost | Bhargavan Sujatha, R Dilip Kumar |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chua Lee Ming | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Johnny Chu Chang Yee | Vicki Heng Law Corporation |
| Michael Hwang | Vicki Heng Law Corporation |
| Bhargavan Sujatha | Gavan Law Practice LLC |
| R Dilip Kumar | Gavan Law Practice LLC |
4. Facts
- Mr. Goh Yoke Lin, a security guard employed by the defendant, felt unwell at work and died.
- The Commissioner for Labour assessed compensation of $137,759.04 under the Work Injury Compensation Act.
- The defendant's insurer, AXA, filed an objection to the assessment, but later disclaimed liability.
- The defendant did not file a separate objection within the prescribed 14-day period.
- The defendant orally alleged the deceased's death was due to sex enhancing pills, later withdrawn.
- The defendant later claimed the death was due to a mysterious massive blood loss.
- The plaintiffs appealed against the Assistant Commissioner's decision to schedule a hearing.
5. Formal Citations
- Goh Yee Lan Coreena and others v P & P Security Services Pte Ltd, , [2016] SGHC 141
6. Timeline
| Date | Event |
|---|---|
| Deceased felt unwell while at work | |
| Deceased passed away | |
| Autopsy carried out | |
| Forensic pathologist opined on cause of death | |
| Defendant submitted Work Injury Compensation Claim Form to AXA | |
| Assessment sent out | |
| AXA filed objection | |
| Pre-hearing conference held | |
| Assistant Commissioner excused AXA from participation | |
| Defendant withdrew allegation of sex enhancing drugs | |
| Defendant obtained report from Dr Goh Yew Seong | |
| Pre-hearing conference held; hearing scheduled | |
| Notice of Hearing issued | |
| Plaintiffs filed appeal | |
| Hearing date | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Validity of Objection under Work Injury Compensation Act
- Outcome: The court held that the defendant's objection was invalid, and the Commissioner's assessment became a binding order for payment.
- Category: Procedural
- Sub-Issues:
- Failure to file objection in prescribed form
- Objection filed by insurer not considered as objection by employer
- Failure to state precise grounds of objection
8. Remedies Sought
- Compensation for work-related injury
9. Cause of Actions
- Work Injury Compensation Claim
10. Practice Areas
- Employment Law
- Work Injury Compensation
11. Industries
- Security Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| NTUC Income Insurance Co-operative Ltd and another v Next of kin of Narayasamy s/o Ramasamy, deceased | High Court | Yes | [2006] 4 SLR(R) 507 | Singapore | Cited for the liberal interpretation of 'accident' under the Work Injury Compensation Act, including internal medical conditions. |
| Pang Chew Kim (next of kin of Poon Wai Tong, deceased) v Wartsila Singapore Pte Ltd and another | High Court | Yes | [2012] 1 SLR 15 | Singapore | Cited for the liberal interpretation of 'accident' under the Work Injury Compensation Act and the purposive interpretation of the WICA in favor of employees. |
13. Applicable Rules
| Rule Name |
|---|
| Order 55 Rule 2(1) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
| Order 55 Rule 3(2) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Work Injury Compensation Act (Cap 354, 2009 Rev Ed) | Singapore |
| Section 24(3) of the Work Injury Compensation Act | Singapore |
| Section 3(1) of the Work Injury Compensation Act | Singapore |
| Section 23 of the Work Injury Compensation Act | Singapore |
| Section 32 of the Work Injury Compensation Act | Singapore |
| Section 24 of the Work Injury Compensation Act | Singapore |
| Section 25 of the Work Injury Compensation Act | Singapore |
| Section 25D of the Work Injury Compensation Act | Singapore |
| Section 24(3B) of the Work Injury Compensation Act | Singapore |
| Section 29(2A) of the Work Injury Compensation Act | Singapore |
| Section 3(6) of the Work Injury Compensation Act | Singapore |
| Section 24(4) of the Work Injury Compensation Act | Singapore |
| Section 28A(1) of the Work Injury Compensation Act | Singapore |
| Section 29(1) of the Work Injury Compensation Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Work Injury Compensation Act
- Notice of Assessment
- Objection
- Commissioner for Labour
- Insurer
- Subrogation
- Accident arising out of and in the course of employment
15.2 Keywords
- Work Injury Compensation Act
- Objection
- Assessment
- Insurer
- Appeal
- Employment Law
16. Subjects
- Work Injury Compensation
- Employment Law
- Civil Procedure
17. Areas of Law
- Employment Law
- Work Injury Compensation Act