TSUI WAI HO v. PRIDE GLORY LTD formerly t/a ZITI’S

TSUI WAI HO v. PRIDE GLORY LTD formerly t/a ZITI’S

The court accepted the medical evidence and the applicant's earnings ($4,365/month) and held the Form 9 assessment of 3% loss of earning capacity binding. Applying the Ordinance the court awarded statutory compensation of $12,571.20 under s.9, $16,878 for temporary incapacity (145 days) under s.10 and $2,190 for medical expenses under s.10A, credited periodic payments of $27,470.40 resulting in net EC award $4,168.80. On the PI claim the court awarded PSLA $250,000, pre-trial loss of earnings $22,152.38, future loss of earning capacity $50,000, and special damages $3,100, credited the EC amount, and entered judgment for $321,083.58 with specified interest and costs orders.

Citation
[2019] HKDC 657
Parties
Applicant / Plaintiff: Tsui Wai Ho; Respondent / Defendant: Pride Glory Limited trading as ZITI S
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 May 2019
Case Number
DCEC1791/2015
Procedural Posture
Employees Compensation (dcec 1791/2015) and Personal Injuries (dcpi 1699/2016) Heard Together / Assessment of Compensation and Assessment of Damages (assessment Hearing on 3 May 2019)
Outcome
Judgment entered for Tsui Wai Ho against Pride Glory Limited in Employees Compensation Case DCEC 1791/2015 for $4,168.80 and in Personal Injuries Action DCPI 1699/2016 for $321,083.58, with specified interest and costs orders.
Legal Topics
Assessment of Damages, Permanent Partial Incapacity, Temporary Incapacity, Medical Expenses, Loss of Earning Capacity, Interest, Costs, Interlocutory Judgment
Source Language
EN
Employment Law Personal Injury Tort Workers' Compensation Assessment of Damages Permanent Partial Incapacity Temporary Incapacity Medical Expenses +4 more

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Parties

Tsui Wai Ho

Applicant / Plaintiff

Pride Glory Limited trading as ZITI S

Respondent / Defendant

Procedural Posture

Employees Compensation (dcec 1791/2015) and Personal Injuries (dcpi 1699/2016) Heard Together / Assessment of Compensation and Assessment of Damages (assessment Hearing on 3 May 2019)

Legal Issues

  1. 1 Whether applicant is entitled to compensation under s.9, s.10 and s.10A of the Employees Compensation Ordinance for workplace injury
  2. 2 Quantification of compensation under the Ordinance (permanent partial incapacity, temporary incapacity, medical expenses)
  3. 3 Quantification of common law damages for pain, suffering and loss of amenities (PSLA), pre-trial loss of earnings, future loss of earning capacity and special damages

Ratio Decidendi

The court accepted the medical evidence and the applicant's earnings ($4,365/month) and held the Form 9 assessment of 3% loss of earning capacity binding. Applying the Ordinance the court awarded statutory compensation of $12,571.20 under s.9, $16,878 for temporary incapacity (145 days) under s.10 and $2,190 for medical expenses under s.10A, credited periodic payments of $27,470.40 resulting in net EC award $4,168.80. On the PI claim the court awarded PSLA $250,000, pre-trial loss of earnings $22,152.38, future loss of earning capacity $50,000, and special damages $3,100, credited the EC amount, and entered judgment for $321,083.58 with specified interest and costs orders.

Court Disposition

Judgment entered for Tsui Wai Ho against Pride Glory Limited in Employees Compensation Case DCEC 1791/2015 for $4,168.80 and in Personal Injuries Action DCPI 1699/2016 for $321,083.58, with specified interest and costs orders.

Orders

  • Enter judgment for applicant Tsui Wai Ho in EC Application (DCEC 1791/2015) in the sum of $4,168.80 with interest at half judgment rate from 1 Sept 2013 to judgment and thereafter at judgment rate until payment
  • Enter judgment for plaintiff Tsui Wai Ho in PI Action (DCPI 1699/2016) in the sum of $321,083.58 with interest: 2% p.a. on PSLA $250,000 from service of writ to judgment and half judgment rate on the sum of $25,252.38 (pre-trial loss and special damages) from 1 Sept 2013 to judgment and thereafter at judgment rate...