JUDGMENT

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 faithfully contributing towards the insurance scheme, refused payment on the ground that the injury sustained is not an "employment injury".

[3] The respondent rejected his claim on 10 January 2017 on the basis that the injury arising from the road accident while commuting is not an "employment injury" pursuant to s 2(6) read together with s 24(1)(a), (b) or (c) and s 24(2) of the Employees' Social Security Act 1969 ("ESSA").

[4] Dissatisfied with the said decision of the respondent the appellant applied to the Social Security Appellate Board ("Appellate Board") that heard the appeal and on 11 July 2017 dismissed the appeal on the ground that the employment injury was not one falling within the meaning of s 2(6) read together with s 24(1)(a) ESSA.