The Social Security Organisation (Socso) today said independent appellate medical tribunals had recorded decisions in its favour in 13 of the 20 cases brought before them over non-payment of benefits and compensation.

Head of Socso's planning and corporate affairs division Mohd Rashidan Ahmad said of the 13 cases, one involved a worker whose application for permanent disability compensation had been approved and was granted RM44,000.

"His application for additional benefits, however, for reasons of 'invalidity' was turned down on grounds that his permanent injury were the same as the injury that rendered him invalid," said Rashidan when met at Socso headquarters in Kuala Lumpur.

The remaining 12 cases were also settled in Socso's favour and are not pending payment as alleged yesterday by Malaysian Trades Union Congress, said Rashidan.

The remaining seven cases before the appellate medical tribunals involved workers who had not shown up for the proceedings.

"We have sent two letters notifying them of these board meetings to determine whether they truly eligible to be considered as invalids. We are sending another round of letters," Rashidan said.

"If they don't show up, it would be a contravention of Section 49 of the Employees Social Security Act."

He was commenting on criticism by MTUC financial secretary A Sivananthan, who said Socso was abusing its right to appeal against decisions of medical boards that had certified certain workers as invalid.

Independent opinions

Clarifying the relationship between Socso and the medical boards, Rashidan said the boards' decisions were the opinions of independent medical practictioners appointed by the health ministry, persons who were not obliged in any way to decide "for or against Socso".

"The director-general of the respective state health department or his representative sits as the chairperson along with two other medical consultants. Socso does not appoint them," he said.

Rashidan also said it is Socso's prerogative to appeal any compensation awarded by such boards, and that this is done "in order to certify the authenticity" of an 'invalidity claim'.

"At times, a worker's injuries are not as stated in application forms. What is put on paper is not always what we find in reality. Some come to us with just minor injuries and expect to be given compensation as invalids," he said.

In cases where injuries were more serious than stated in the application forms, the medical boards have actually increased the quantum of compensation, he noted.

Rashidan's explanation echoed that of Socso chief executive officer Ng Teck, who was reported by English-language daily The Malay Mail yesterday.

Ng had said there were 300 cases of workers who were gainfully employed while 'enjoying invalidity benefits.

"They were enjoying the pension and earning a salary. This is morally wrong. We cannot have people abusing the fund as it would deprive the genuine cases of benefits," he was quoted as saying.

He also said not all cases had been thrown out by the appellate medical boards. Between 10 per cent to 20 percent of the claimants had received higher compensation compared to that awarded by the primary medical boards.