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Case Review: Insurance
Summary of some of the decisions made by the Mediators on some of the complaints received by FMB.
This summary is for information only and should not be used for other purpose.
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FMB/GI 0037 - Whether Injury Arise Out of and in the Course of Employment
The claimant was employed by G Industries, a manufacturer of tiles, to do all maintenance works at the factory. He was covered under the Workmen's Compensation Policy. On 27.11.2003 the claimant was involved in an accident and suffered closed fracture right radius and ulna. He submitted a claim for temporary total disablement and partial permanent disablement benefits.
The insurers declined the claim on the ground that the accident did not occur in the course of the claimant's employment. The insurers' decision was based on the police report lodged by the claimant which is as follows:-
"Pada 27.11.2003 jam lebih kurang 1230 hrs saya dari kilang G…mahu balik ke rumah saya di Taman Maju Padu dengan menunggang motorsikal…"
Based on the police report the claimant met with an accident whilst on his way home and not in the course of his employment.
The claimant appealed against the insurers' decision through his solicitors whereby it was alleged that at the material time of the accident the claimant was traveling to his home to collect his working tools. Thus it was contended that the accident occurred in the course of his employment.
An employer would normally provide their employees with the working tools and the working tools would invariably be kept and made available at the working place. Thus the Mediator found it peculiar that the claimant kept his working tools at home and had to go back home to take the working tool whenever he wants to use the tool to do his work. On the allegation that the working tool was owned by the claimant himself, the Mediator found it very unlikely that an employee is required to use his own tool for the work of the employer. Further there was no mention in the police report, which is a first information report that the claimant was on his way home to fetch his working tool. He reported that he was returning home from the factory at 1230 hrs. The time as indicated is commonly a lunch break for most workers.
The Mediator was not convinced that the claimant was going home to get his working tool as alleged. Accordingly the Mediator confirmed the insurers' decision in repudiating liability on the claim.
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