Great Eastern General Insurance v Next of Kin of Md Sharif: Work Injury Compensation Appeal

Great Eastern General Insurance Limited and Capstone Engineering Pte Ltd appealed against the decision of the Assistant Commissioner for Labour to allow the work injury compensation claim by the next of kin of Md Sharif Hossain Rana Abdul Malek, who died after a timber fell on him at a construction site. The High Court of Singapore, presided over by Judicial Commissioner Mavis Chionh Sze Chyi, dismissed the appeal, finding that the death was caused by a spinal injury sustained at work, and the appellants failed to rebut the statutory presumption that the accident arose out of the Deceased’s employment.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding work injury compensation for the death of Md Sharif Hossain Rana Abdul Malek. The court dismissed the appeal, finding the death was work-related.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Great Eastern General Insurance LimitedAppellantCorporationAppeal DismissedLost
Capstone Engineering Pte LtdAppellantCorporationAppeal DismissedLost
Next of Kin of Md Sharif Hossain Rana Abdul MalekRespondentOtherAppeal DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Mavis Chionh Sze ChyiJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Hong Heng LeongJust Law LLC
Lee Ee YangCovenant Chambers LLC
Claire Teng Shu-MinCovenant Chambers LLC
Douglas Pang Wei JieCovenant Chambers LLC

4. Facts

  1. A piece of timber fell on the Deceased at the Ghim Moh Lane construction worksite on 9 October 2015.
  2. The Deceased was admitted to Changi General Hospital on 7 November 2015 with vomiting and altered mental state.
  3. The autopsy report noted the detachment of the spinous process of the Deceased’s T1 vertebra.
  4. The Coroner concluded that the Deceased died due to a brain injury following a seizure, consistent with spinal injury.
  5. The Assistant Commissioner allowed the claim for work injury compensation by the Deceased's next of kin.
  6. The Appellants argued that the Coroner’s Certificate was inadmissible as evidence.
  7. The Appellants' medical witness suggested the death was more likely due to neuroleptospirosis.

5. Formal Citations

  1. Great Eastern General Insurance Ltd and another v Next of Kin of Md Sharif Hossain Rana Abdul Malek, Tribunal Appeal No 11 of 2019, [2020] SGHC 64

6. Timeline

DateEvent
Timber fell on the Deceased at the Ghim Moh Lane construction worksite
Deceased was admitted to Changi General Hospital
Deceased died
Autopsy performed on the Deceased
Autopsy report issued
Coroner’s Certificate issued
Changi General Hospital medical report issued
Dr. Leo Pien Ming Sean provided written opinion
Dr. Gilbert Lau sent a letter with his opinion
Amended Certificate of Order made under the Work Injury Compensation Act by the Learned Assistant Commissioner for Labour, Han Cher Kwang
Assistant Commissioner’s grounds of decision issued
Hearing date
Judgment reserved

7. Legal Issues

  1. Causation
    • Outcome: The court found that the spinal injury from the impact of the falling timber caused the brain damage and consequent death.
    • Category: Substantive
    • Sub-Issues:
      • Whether the spinal injury caused the status epilepticus
      • Whether the death was due to neuroleptospirosis
  2. Admissibility of Coroner's Certificate
    • Outcome: The court held that the Coroner's Certificate was admissible as evidence in the WICA proceedings.
    • Category: Procedural
  3. Burden of Proof
    • Outcome: The court found that the Respondents had discharged the evidential burden of adducing evidence and the Appellants failed to adduce sufficient evidence to discharge their evidential burden.
    • Category: Procedural

8. Remedies Sought

  1. Work Injury Compensation

9. Cause of Actions

  • Work Injury Compensation Claim

10. Practice Areas

  • Work Injury Compensation
  • Insurance Law

11. Industries

  • Construction
  • Insurance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Arpah bte Sabar and others v Colex Environmental Pte LtdHigh CourtYes[2019] SGHC 137SingaporeCited for the errors of law which may provide grounds for appeal under s 29(2A) WICA.
NTUC Income Insurance Co-operative Ltd and another v Next of kin of Narayasamy s/o Ramansamy, deceasedHigh CourtYes[2007] 4 SLR(R) 507SingaporeCited for the elements of a work injury compensation claim under s 3(1) WICA.
Britestone Pte Ltd v Smith & Associates Far East, LtdCourt of AppealYes[2007] 4 SLR(R) 855SingaporeCited for the explanation of the burden of proof in relation to the adduction of evidence.
Li Gaiyun suing as the administrator of the estate of Ma Dewu, deceased v Chan Wei Lun AllanDistrict CourtYes[2015] SGDC 53SingaporeCited to support the point that factual findings made by the Coroner will be considered by the court in a subsequent civil action.
Pang Chew Kim v Wartsila Singapore Pte LtdHigh CourtYes[2012] 1 SLR 15SingaporeCited to illustrate that every work injury compensation claim must be scrutinised on its own particular facts.

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
Work Injury Compensation Act (Cap 354) s 3(1)Singapore
Work Injury Compensation Act (Cap 354) s 3(6)Singapore
Work Injury Compensation Act (Cap 354) s 29Singapore
Work Injury Compensation Act (Cap 354) s 29(2A)Singapore
Work Injury Compensation Act (Cap 354) s 30(1)Singapore
Coroners Act (Cap 63A, 2012 Rev Ed)Singapore
Coroners Act (Cap 63A, 2012 Rev Ed) s 27(1)Singapore
Coroners Act (Cap 63A, 2012 Rev Ed) s 27(2)Singapore
Coroners Act (Cap 63A, 2012 Rev Ed) s 42(1)Singapore
Coroners Act (Cap 63A, 2012 Rev Ed) s 45Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Work Injury Compensation Act
  • Coroner’s Certificate
  • Spinal Injury
  • Status Epilepticus
  • Hypoxic Ischaemic Encephalopathy
  • Neuroleptospirosis
  • Causation
  • Burden of Proof
  • Evidential Burden
  • Legal Burden

15.2 Keywords

  • Work Injury
  • Compensation
  • Death
  • Accident
  • Coroner
  • Spinal Injury
  • Employment Law

17. Areas of Law

Area NameRelevance Score
Work Injury Compensation95
Employment Law70
Personal Injury50
Evidence Law40
Civil Procedure30

16. Subjects

  • Employment
  • Insurance
  • Compensation