Hospital wins appeal to stop ex-nurse from suing for negligence
PUTRAJAYA : The Court of Appeal has ruled that an ex-nurse cannot sue her former employer over an injury for which she has been compensated under the Employees' Social Security (Perkeso) Act.
A three-member bench chaired by Justice Supang Lian ruled that Section 31 of the Act prevents M Thaneswary, 39, from taking legal action against Thomson Hospital Sdn Bhd for damages as she had already received compensation under the Act.
The court said the provision is a complete bar against civil suits for employment-related injuries, except in cases involving motor vehicle accidents.
Supang said there were already two Federal Court judgments on the matter, and lower courts were bound by these rulings.
'We set aside the High Court's ruling and reinstate the sessions court's decision,' she said.
The court also ordered RM3,000 in costs, as agreed by both parties.
The other judges on the bench were Justices Choo Kah Sing and Alwi Abdul Wahab.
Thaneswary, 39, joined Thomson Hospital in August 2016. Two months into the job, she injured her back after falling onto a trolley loaded with files.
She received compensation for medical expenses through Perkeso in 2017, and filed a negligence suit against the hospital in September 2022.
The sessions court struck out the case, citing Section 31 of the Perkeso Act. The High Court later reversed that decision, prompting the hospital's appeal.
Section 31 states that an employee who sustains employment injury is barred from pursuing damages under any other law, except for personal injury arising from a motor vehicle accident.
Lawyers T Tharmarajah and Amos Siew represented Thomson Hospital while Thaneswary was represented by lawyer Bani Prakash.
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