楊艷娥 對 保良局第一張永慶中學

楊艷娥 對 保良局第一張永慶中學

The court held the interactions and meetings in January 2012 were within the normal scope of employment and not 'accidents' as defined; the trial judge's credibility findings were supported by the evidence and not plainly wrong; the admitted hospital report did not alter causation analysis and other fresh evidence...

Source-derived case information.

Citation
[2020] HKCA 707
Parties
Applicant: 楊艷娥; Respondent: 保良局第一張永慶中學
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
18 August 2020
Case Number
CACV304/2018
Procedural Posture
Civil Appeal Under Employees' Compensation Ordinance (cap.282) / Appeal to Court of Appeal (judgment)
Outcome
Appeal dismissed
Legal Topics
Definition of 'accident' Under Employees' Compensation Ordinance, Psychiatric Injury Causation, Credibility and Fact‑finding on Appeal, Admissibility of Fresh Evidence (ladd V Marshall)
Source Language
ch
Employment Law Workers' Compensation Personal Injury (psychiatric) Civil Procedure Definition of 'accident' Under Employees' Compensation Ordinance Psychiatric Injury Causation Credibility and Fact‑finding on Appeal Admissibility of Fresh Evidence (ladd V Marshall)

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Parties

楊艷娥

Applicant

保良局第一張永慶中學

Respondent

Procedural Posture

Civil Appeal Under Employees' Compensation Ordinance (cap.282) / Appeal to Court of Appeal (judgment)

  1. 1 Whether events on 12, 13 and 16 January 2012 constituted an 'accident' under s.5(1) of the Employees' Compensation Ordinance
  2. 2 Whether the applicant's psychiatric injury was caused by any such 'accident'
  3. 3 Whether the trial judge's adverse credibility and factual findings were plainly wrong

Ratio Decidendi

The court held the interactions and meetings in January 2012 were within the normal scope of employment and not 'accidents' as defined; the trial judge's credibility findings were supported by the evidence and not plainly wrong; the admitted hospital report did not alter causation analysis and other fresh evidence failed the Ladd v Marshall requirements, therefore the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant ordered to pay respondent's costs of the appeal