DELIVERY HERO FOOD HONG KONG LTD formerly known as ROCKET FOOD LTD v. MOHAMMAD WASEEM

DELIVERY HERO FOOD HONG KONG LTD formerly known as ROCKET FOOD LTD v. MOHAMMAD WASEEM

The court accepted the treating doctors and occupational therapy assessments and the Medical/Review Boards' findings that the respondent required sick leave until 31 January 2021 and that a 3% loss of earning capacity was appropriate; the employer’s s16 examination and surveillance did not sufficiently rebut the s10(2) presumption for the certified period; therefore awards were calculated accordingly, credit given for periodical payments already paid, interest ordered and costs ordered nisi in favour of the respondent.

Citation
[2022] HKDC 1114
Parties
Applicant / Employer: Delivery Hero Food Hong Kong Limited (formerly Rocket Food Limited); Respondent / Employee: Mohammad Waseem
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 October 2022
Case Number
DCEC2308/2020
Procedural Posture
Employees' Compensation / Assessment Hearing; Judgment Delivered
Outcome
Judgment for respondent: total award calculated under sections 9, 10 and 10A with credit for periodical payments; net award of HKD 227,718 plus interest; costs ordered nisi in favour of respondent.
Legal Topics
Employees' Compensation Ordinance, S10(2) Rebuttable Presumption of Temporary Incapacity, S16 Medical Examination, Loss of Earning Capacity Assessment, Section 9 Assessment, Section 10 Periodical Payments, Section 10 a Medical Expenses, Credit for Periodical Payments
Source Language
EN
Employment Law Personal Injury Statutory Compensation Traffic Accident Employees' Compensation Ordinance S10(2) Rebuttable Presumption of Temporary Incapacity S16 Medical Examination Loss of Earning Capacity Assessment +4 more

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Parties

Delivery Hero Food Hong Kong Limited (formerly Rocket Food Limited)

Applicant / Employer

Mohammad Waseem

Respondent / Employee

Procedural Posture

Employees' Compensation / Assessment Hearing; Judgment Delivered

Legal Issues

  1. 1 Whether the employer rebutted the s10(2) presumption of total temporary incapacity for periods certified beyond specified dates
  2. 2 Appropriate duration of sick leave for assessment under s10
  3. 3 Proper percentage for loss of earning capacity under s9

Ratio Decidendi

The court accepted the treating doctors and occupational therapy assessments and the Medical/Review Boards' findings that the respondent required sick leave until 31 January 2021 and that a 3% loss of earning capacity was appropriate; the employer’s s16 examination and surveillance did not sufficiently rebut the s10(2) presumption for the certified period; therefore awards were calculated accordingly, credit given for periodical payments already paid, interest ordered and costs ordered nisi in favour of the respondent.

Court Disposition

Judgment for respondent: total award calculated under sections 9, 10 and 10A with credit for periodical payments; net award of HKD 227,718 plus interest; costs ordered nisi in favour of respondent.

Orders

  • Award under section 9 for loss of earning capacity: HKD 65,945
  • Award under section 10 for temporary incapacity: HKD 705,439 (5 June 2019–31 December 2020) and HKD 33,196 (1–30 January 2021)