(June 12): Former construction firm manager Lau Poh Lee, 54, is facing a dilemma following the Ipoh High Court decision today to not release his Employees Provident Fund (EPF) contributions to pay for a life-changing liver transplant.

Outside the courthouse, his counsel Ranjit Singh lamented his client's position.

“Where can he turn to?” he asked.

“Even if it is true that Lau will be able to work again, he needs money to seek treatment first, before he could get employment and continue to contribute to EPF.”

“In the meantime, where is he to get the funds?” asked Ranjit.

“Unless, he is to desperately turn to Ah Long for a loan.”

Ranjit said it was sad that Lau, who had contributed to EPF since early 1980, could not get at least part of his contributions to pay for medical expenses.

Lau's application to compel the EPF to release his contributions was rejected on the grounds that he would be able to work again after his surgery.

Lau had last year made an application to withdraw funds under Section 54(1) of the Employees Provident Fund Act 1991 because he was incapacitated and unable to work, which an EPF Medical Board rejected.

His subsequent appeal against the decision was also rejected.

In court, Ranjit, in applying for a judicial review of the decision, argued that the requirement for consent from three medical practitioners on the EPF Medical Board was illegal, since only two were needed for consent.

However, the judge disagreed, finding that the medical board was legally convened and its decision was correct.

Lau was diagnosed in July, last year, with hepatome hepatomegaly (enlarged liver) and was subsequently diagnosed with isohemic heart disease, liver cirrhosis and diabetes mellitus.

According to his consultant physician and cardiologist, he was in a dire need of a liver transplant and was medically certified as incapacitated physically from engaging in employment.
 
As a result, Lau applied to the EPF to withdraw his contributions to pay for surgery. – The Malaysian Insider