Arpah bte Sabar v Colex Environmental: Work Injury Compensation for Death Due to Ischaemic Heart Disease
Arpah bte Sabar, Famillia bte Abu Samad, Fazlin bte Abu Samad, and Muhammad Faizzul bin Abu Samad, the next-of-kin of Abu Samad bin Omar (the deceased), appealed the Assistant Commissioner's decision to deny them compensation under the Work Injury Compensation Act (WICA) following the deceased's death from ischaemic heart disease at his workplace. The High Court of Singapore, presided over by Chan Seng Onn J, allowed the appeal, finding that the accident arose out of and in the course of the deceased's employment with Colex Environmental Pte Ltd. The court found that the employer failed to rebut the presumption under s 3(6) WICA.
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
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding work injury compensation for Abu Samad bin Omar, who died of ischaemic heart disease at work. The court allowed the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Arpah bte Sabar | Claimant | Individual | Appeal Allowed | Won | |
| Famillia bte Abu Samad | Claimant | Individual | Appeal Allowed | Won | |
| Fazlin bte Abu Samad | Claimant | Individual | Appeal Allowed | Won | |
| Muhammad Faizzul bin Abu Samad | Claimant | Individual | Appeal Allowed | Won | |
| Colex Environmental Pte Ltd | Respondent | Corporation | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
4. Facts
- Abu Samad bin Omar, a 62-year-old driver, died at his workplace due to ischaemic heart disease.
- The Assistant Commissioner decided the death was due to his medical condition and did not arise out of employment.
- On the morning of his death, Abu Samad reported to work and had breakfast with colleagues.
- After breakfast, Abu Samad helped colleagues remove wheels from refuse bins.
- While helping, Abu Samad collapsed and was later pronounced dead due to ischaemic heart disease.
- The Ministry of Manpower initially assessed compensation of $181,421.73 to the deceased’s next-of-kin.
- The employer's insurer objected, claiming the death was due to his medical condition, not his employment.
5. Formal Citations
- Arpah bte Sabar and others v Colex Environmental Pte Ltd, Tribunal Appeal No 20 of 2018, [2019] SGHC 137
6. Timeline
| Date | Event |
|---|---|
| Abu Samad bin Omar died at work | |
| Dr. Audrey Yeo prepared a report on the Deceased's death | |
| Ministry of Manpower issued a Notice of Assessment of Compensation | |
| Colex Environmental Pte Ltd's insurer submitted an objection to the Notice of Assessment | |
| Tribunal Appeal No 20 of 2018 | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Employer’s liability for compensation
- Outcome: The court held that the employer was liable to pay compensation to the claimants.
- Category: Substantive
- Related Cases:
- [2006] 4 SLR(R)
- [1946] 1 KB 360
- Accident arising out of employment
- Outcome: The court held that the accident (heart attack) arose out of and in the course of the deceased's employment.
- Category: Substantive
- Related Cases:
- [2006] 4 SLR(R)
- Substantial question of law
- Outcome: The court found that a substantial question of law was raised, vesting the court with jurisdiction to entertain the appeal.
- Category: Procedural
- Related Cases:
- [2009] 3 SLR(R) 1028
- [2012] 1 SLR 15
- [2008] 3 SLR(R) 105
8. Remedies Sought
- Compensation for Work Injury
9. Cause of Actions
- Work Injury Compensation Claim
10. Practice Areas
- Employment Law
- Work Injury Compensation
11. Industries
- Environmental Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Karuppiah Ravichandran v GDS Engineering Pte Ltd | N/A | Yes | [2009] 3 SLR(R) 1028 | Singapore | Cited for the definition of errors of law. |
| Pang Chew Kim v Wartsila Singapore Pte Ltd | N/A | Yes | [2012] 1 SLR 15 | Singapore | Cited for the definition of errors of law and the interpretation of WICA. |
| Next of kin of Ramu Vanniyar Ravichandran v Fongsoon Enterprises (Pte) Ltd | N/A | Yes | [2008] 3 SLR(R) 105 | Singapore | Cited to demonstrate that errors of fact may constitute errors of law if they flow from errors of law in the first place. |
| NTUC Income Insurance Co-operative Ltd and another v Next of kin of Narayasamy s/o Ramasamy, deceased | N/A | Yes | [2006] 4 SLR(R) | Singapore | Cited for the three requirements for triggering an employer’s liability to pay compensation under WICA. |
| Charles R Davidson and Company v M’Robb or Officer | N/A | Yes | [1918] AC 304 | N/A | Cited for the definition of 'in the course of employment'. |
| Hauque Enamul v China Taiping Insurance (Singapore) Pte Ltd and another | N/A | Yes | [2018] 5 SLR 485 | Singapore | Cited for the test of whether the accident occurred while the employee was at work. |
| Allianz Insurance Co (Singapore) Pte Ltd v Ma Shoudong | N/A | Yes | [2011] 3 SLR 1167 | Singapore | Cited for the test of whether the accident occurred while the employee was at work. |
| Wilson v Chatterton | N/A | Yes | [1946] 1 KB 360 | N/A | Cited to show that the employer cannot escape liability by showing that some factor such as a disease is a predisposing or even contributing cause of the injury; he must show that it is the sole cause. |
| Laxmibai v Chairman & Trustees, Bombay Post Trust | N/A | Yes | AIR (41) 1954 Bom 180 | N/A | Cited to show that where death is due to a strain caused while the workman is doing the work of his employer, and if it is established that that strain, however ordinary, accelerated the death or aggravated the condition of the workman, then the death could be said to have resulted out of the employment of the deceased. |
| Chua Jian Construction and another v Zhao Xiaojuan (deputy for Qian Guo Liang) | High Court | Yes | [2018] SGHC 98 | Singapore | Distinguished from the present case because there was no evidence that the workman's stroke was brought about by an exertion. |
| Clover Clayton & Co, Limited v Hughes | N/A | Yes | [1910] AC 242 | N/A | Cited with approval in NTUC Income at [23] for the principle that rupturing an aneurism when tightening a nut with a spanner may be regarded as an accident. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Work Injury Compensation Act (Cap 354, 2009 Rev Ed) s 3(1) | Singapore |
| Work Injury Compensation Act (Cap 354, 2009 Rev Ed) s 29(2A) | Singapore |
| Work Injury Compensation Act (Cap 354, 2009 Rev Ed) s 3(6) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Work Injury Compensation Act
- Ischaemic heart disease
- Arising out of employment
- In the course of employment
- Presumption
- Burden of proof
- Substantial question of law
- Accident
- Personal injury
15.2 Keywords
- Work Injury
- Compensation
- Employment
- Heart Disease
- Death
- Singapore
- WICA
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Employment Law | 95 |
| Work Injury Compensation | 95 |
| Causation | 60 |
| Evidence Law | 50 |
16. Subjects
- Employment Law
- Work Injury Compensation