Sompo Insurance v Tay Jia Yi: Work Injury Compensation for Cardiac Arrest
Sompo Insurance Singapore Pte Ltd and SM Laundry & Linen Pte Ltd appealed against the Assistant Commissioner's decision to award compensation to Tay Jia Yi, Chew Pek Har, and Tay Jia Chen, the next of kin of the late Tay Tuan Yong, who died of cardiac arrest. The High Court of Singapore, General Division, heard the appeal on 23 February 2022 and 23 May 2022, with Ang Cheng Hock J presiding. The court allowed the appeal, setting aside the Assistant Commissioner's determination, finding that the respondents were not entitled to compensation under Section 3(1) of the Work Injury Compensation Act.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Applicants' appeal allowed; Assistant Commissioner's determination set aside.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding work injury compensation for Mr. Tay's death from cardiac arrest. The court set aside the AC's decision, finding no work-related accident.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Sompo Insurance Singapore Pte. Ltd. | Applicant, Respondent | Corporation | Appeal Allowed | Won | Mahendra Prasad Rai |
| SM Laundry & Linen Pte Ltd | Applicant, Respondent | Corporation | Appeal Allowed | Won | Mahendra Prasad Rai |
| Tay Jia Yi | Respondent, Applicant | Individual | Appeal Dismissed | Lost | Pang Khin Wee |
| Chew Pek Har | Respondent | Individual | Claim Dismissed | Lost | Pang Khin Wee |
| Tay Jia Chen | Respondent, Applicant | Individual | Appeal Dismissed | Lost | Pang Khin Wee |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Ang Cheng Hock | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Mahendra Prasad Rai | Cooma & Rai |
| Pang Khin Wee | Hoh Law Corporation |
4. Facts
- Mr. Tay was employed by SM Laundry as a driver and later promoted to operations supervisor.
- Mr. Tay had pre-existing conditions including hyperlipidaemia and hypothyroidism and was a smoker.
- Mr. Tay experienced chest pains in the days leading up to his death.
- On the day of his death, Mr. Tay experienced chest pains at 7:00 am but went to work.
- Mr. Tay arrived at work around 9:00 am and informed his supervisor, Mr. Lim, of his chest pains.
- Mr. Tay left work around 10:00 am to seek medical attention at a clinic.
- Mr. Tay suffered a cardiac arrest at Changi General Hospital and passed away.
5. Formal Citations
- Sompo Insurance Singapore Pte Ltd and another v Tay Jia Yi and others and another appeal, Tribunal Appeal Nos 15 and 17 of 2021, [2022] SGHC 120
6. Timeline
| Date | Event |
|---|---|
| Mr. Tay employed by SM Laundry as a driver. | |
| Mr. Tay promoted to operations supervisor. | |
| Mr. Tay started driving lessons. | |
| Mr. Tay took driving lessons. | |
| Mr. Tay died from cardiac arrest. | |
| Work Injury Compensation Act 2019 took effect. | |
| Proceedings before the Assistant Commissioner took place. | |
| Proceedings before the Assistant Commissioner took place. | |
| Proceedings before the Assistant Commissioner took place. | |
| High Court heard the appeal. | |
| Judgment reserved. |
7. Legal Issues
- Work Injury Compensation Claim
- Outcome: The court found that the requirements of Section 3(1) of the Work Injury Compensation Act were not met, as there was no 'injury by accident arising out of and in the course of the employment'.
- Category: Substantive
- Causation
- Outcome: The court held that the respondents failed to prove that the deceased's heart attack was caused by an accident arising out of his employment.
- Category: Substantive
- Interpretation of 'Accident' under Work Injury Compensation Act
- Outcome: The court clarified that an 'accident' under the Act requires an occurrence in the course of employment that precipitated the injury, not merely the unexpected nature of the injury itself.
- Category: Substantive
8. Remedies Sought
- Compensation for work-related injury
- Legal Costs
9. Cause of Actions
- Work Injury Compensation Claim
10. Practice Areas
- Work Injury Compensation
- Appeals
11. Industries
- Laundry Services
- Insurance
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 principle that an 'accident' includes an internal medical condition causing unexpected injury while carrying out work, even if brought about by a pre-existing condition. |
| Allianz Insurance Co (Singapore) Pte Ltd v Ma Shoudong | High Court | Yes | [2011] 3 SLR 1167 | Singapore | Cited for the meaning of 'in the course of employment,' including any accident bearing a temporal relationship with the employment. |
| Ng Eng Ghee and others v Mamata Kapilev Dave and others (Horizon Partners Pte Ltd, intervener) and another appeal | Court of Appeal | Yes | [2009] 3 SLR(R) 109 | Singapore | Cited for the interpretation of 'point of law' in appeals from tribunals, synonymous with errors of law. |
| Edwards v Bairstow | House of Lords | Yes | [1956] AC 14 | England | Cited for the principle that an appeal on a 'point of law' is allowed if the facts found were such that no person acting judicially could have reached the determination under appeal. |
| Ormond v CD Holmes & Co, Ltd | English Court of Appeal | Yes | [1937] 2 All ER 795 | England | Cited to establish that mere wear and tear does not constitute an accident under work injury compensation acts. |
| Hawkins v Powells Tillery Steam Coal Company, Limited | English Court of Appeal | Yes | [1911] 1 KB 988 | England | Cited to establish that it must be clear from the medical evidence whether the injury had been caused by something the deceased had been doing at work. |
| Secretary of State for Work and Pensions v James Scullion | English Court of Appeal | Yes | [2010] EWCA Civ 310 | England | Cited for the distinction between 'accident' and 'injury' and that a cardiac arrest is not an injury caused by accident simply because it was an improbable, sudden and an unlooked-for mishap. |
| Chua Jian Construction and another v Zhao Xiaojuan (deputy for Qian Guo Liang) | High Court | Yes | [2018] SGHC 98 | Singapore | Cited to establish that there must be evidence that something in fact transpired in the course of work which made the injury occur when it did. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Work Injury Compensation Act | Singapore |
| Work Injury Compensation Act 2019 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Work Injury Compensation Act
- Cardiac Arrest
- Acute Myocardial Infarction
- Arising out of employment
- In the course of employment
- Accident
- Assistant Commissioner
- Hyperlipidaemia
- Hypothyroidism
- Angina
- Causation
15.2 Keywords
- Work Injury
- Compensation
- Cardiac Arrest
- Employment Law
- Singapore
- Appeal
16. Subjects
- Employment Law
- Work Injury Compensation
17. Areas of Law
- Employment Law
- Work Injury Compensation Law