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2023 MarsdenLR 663

COURT OF APPEAL PUTRAJAYA
SATHIASEELAN NAGAPPAN – Appellant
Versus
KETUA PENGARAH PERTUBUHAN KESELAMATAN SOSIAL – Respondent


Petitioner Advocates:Manoharan Tevadasin,Muhammad Wafi Abdullah,Norzainin Asyikin Zainal Abidin ,Respondent Advocate: Muhammad Suhaib Ibrahim

Table of Content
1. claim for disability benefits under social security. (Para 1 , 2 , 3)
2. arguments regarding the nature of commuting. (Para 10 , 11 , 12)
3. legal interpretations around commuting injuries. (Para 31 , 32 , 33)
4. final ruling on the employment injury claim. (Para 125)
Lee Swee Seng JCA:

[1] The appellant was travelling from Ipoh to Kulim on a Sunday evening so that he could rest for the night in his rented house at his place of stay in Kulim and then proceed to work at Infineon Technology Sdn Bhd in Kulim itself in a better shape after a good night's rest. It was his practice every weekend to go home to Ipoh where his place of residence is so as to be with his family for the weekend. On that fateful day on 16 October 2016 at about 5pm he met with an accident on the way from Ipoh to Kulim.

[2] He claimed from the respondent for temporary disability benefits under a compulsory fault-free insurance scheme for employment injuries suffered in the course of an employee's work as in arising out of or in the course of his employment. The respondent, also referred to as the Social Security Organisation or more popularly called SOCSO, to whom his employer and him have been faith

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