KUALA LUMPUR, Oct 31 — The Social Security Organisation (Socso) has applied to the Federal Court to challenge a landmark Court of Appeal ruling that workers commuting back to work from their hometowns over the weekend is considered "travelling to work”.
A three-judge panel at the appellate court had ruled on September 19 that injuries sustained by N. Sathiaseelan in a road collision on October 16, 2016 while travelling from his hometown in Ipoh, Perak to his workplace in Kulim, Kedah on his day off, is an employment injury under Section 24(1)(a) of the Socso Act 1969.
Socso wants the Federal Court to provide clarification on two matters, according to a report published this morning by news portal Free Malaysia Today.
The first is whether or not decisions of the Social Security Appellate Board are recognised as equal to a subordinate court’s decision.
And the second is if injuries sustained from an accident encountered by Socso contributors when returning to their place of residence before starting work, or while travelling over a weekend, can be considered an employment injury.
Lawyer T. Manoharan who was reported to be representing the Sathiaseelan told the news portal that the Court of Appeal ruling meant that the Socso Act be interpreted in the context of corporate social responsibility.
Manoharan added that the Court of Appeal should be the final court to determine any appeal from the Socso board.
In September 20 Free Malaysia Today report, Sathiaseelan was said to have been a technician who applied for temporary disability claims from Socso, but was rejected.
His appeal to the Socso board was also rejected.
This prompted Sathiaseelan to turn to the High Court in Ipoh, which dismissed his suit.
However, he took it to the Court of Appeal and the three judges there — Lee Swee Seng, Vazeer Alam Mydin Meera and Datuk Mohd Nazlan Ghazali – unanimously ruled in his favour.
