Chua Jian Construction v Zhao Xiaojuan: Work Injury Compensation for Intracerebral Hemorrhage

Chua Jian Construction and China Taiping Insurance (Singapore) Pte Ltd appealed against the decision of the Assistant Commissioner of Labour regarding compensation for Zhao Xiaojuan, as deputy for Qian Guo Liang, under the Work Injury Compensation Act. The High Court, presided over by Choo Han Teck J, allowed the appeal, finding no evidence that Qian Guo Liang's intracerebral hemorrhage was caused by his employment.

1. Case Overview

1.1 Court

High Court of Singapore

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding work injury compensation for Qian Guo Liang, who suffered an intracerebral hemorrhage at work. The court allowed the appeal, finding no evidence linking the injury to his employment.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
China Taiping Insurance (Singapore) Pte LtdApplicantCorporationAppeal AllowedWon
Chua Jian ConstructionApplicantCorporationAppeal AllowedWon
Zhao XiaojuanRespondentIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Appoo RameshJust Law LLC
Vinodhan GunasekaranJust Law LLC
Jogesh s/o Kantilal DoshiHoh Law Corporation

4. Facts

  1. Qian Guo Liang was employed by Chua Jian Construction as a manual worker.
  2. On 19 October 2013, QGL was found unconscious at the construction site.
  3. QGL was diagnosed with an intracerebral haemorrhage.
  4. Zhao Xiaojuan, QGL's wife, initially filed a claim without being a properly appointed deputy.
  5. Zhao was subsequently appointed QGL’s deputy on 28 July 2015.
  6. The second Notice of Assessment was filed 33 months after the incident.
  7. Medical evidence indicated that QGL suffered from untreated hypertension.

5. Formal Citations

  1. Chua Jian Construction and another v Zhao Xiaojuan (deputy for Qian Guo Liang), HC/Tribunal Appeal No 18 of 2017, [2018] SGHC 98

6. Timeline

DateEvent
Qian Guo Liang born
Qian Guo Liang married Zhao Xiaojuan
Zhao Xiaojuan gave birth to their daughter
Qian Guo Liang came to work in Singapore
Qian Guo Liang found unconscious at work
Chua Jian Construction filed an incident report
Notice of Assessment issued
Zhao Xiaojuan appointed QGL’s deputy
Objections heard, adjourned
Objections dismissed
Objections heard by the Assistant Commissioner of Labour
Objections heard by the Assistant Commissioner of Labour
Assistant Commissioner for Labour made a decision
Judgment reserved
Judgment issued

7. Legal Issues

  1. Work Injury Compensation
    • Outcome: The court allowed the appeal, finding no evidence that the employee's intracerebral hemorrhage was caused by his employment.
    • Category: Substantive
    • Related Cases:
      • [2016] 3 SLR 598
      • [2006] 4 SLR(R) 507
  2. Validity of Claim under Work Injury Compensation Act
    • Outcome: The court found that the delay in filing the claim was reasonable and understandable, and the Assistant Commissioner of Labour was not wrong to proceed with the second assessment.
    • Category: Procedural
    • Related Cases:
      • [2016] 3 SLR 598

8. Remedies Sought

  1. Compensation under the Work Injury Compensation Act

9. Cause of Actions

  • Work Injury Compensation Claim

10. Practice Areas

  • Personal Injury
  • Workplace Accidents

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
SGB Starkstrom Pte Ltd v Commissioner of LabourCourt of AppealYes[2016] 3 SLR 598SingaporeCited for the principle that only a properly appointed deputy may commence a claim on behalf of a mentally incapacitated workman.
NTUC Income Insurance Co-operative Ltd and another v Next of kin of Narayasamy s/o Ramasamy, deceasedN/AYes[2006] 4 SLR(R) 507SingaporeCited regarding compensation under the WICA for an employee who died at his workplace due to ischaemic heart disease; distinguished because in the present case there was no evidence that something transpired in the course of work which made the injury occur when it did.

13. Applicable Rules

Rule Name
Order 55, Rule 1 of the Rules of Court (Cap 322, Rule 5)

14. Applicable Statutes

Statute NameJurisdiction
Work Injury Compensation Act (Cap 354)Singapore
Section 11(4) of the WICASingapore
Section 3(1) of the WICASingapore
subsection (3) of s 3 of the WICASingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Intracerebral haemorrhage
  • Work Injury Compensation Act
  • Deputy
  • Incident report
  • Notice of Assessment
  • Course of employment
  • Hypertension

15.2 Keywords

  • Work Injury Compensation
  • Intracerebral Hemorrhage
  • Employment Law
  • Singapore
  • Construction

17. Areas of Law

Area NameRelevance Score
Work Injury Compensation95
Employment Law70
Personal Injury30

16. Subjects

  • Employment Law
  • Work Injury Compensation