CHOW CHI YIM（周志炎）by WONG YUN HO（黃潤好）his wife and next friend 對 李贊寶及另二人

CHOW CHI YIM（周志炎）by WONG YUN HO（黃潤好）his wife and next friend 對 李贊寶及另二人

Applying the multi-factor test and witness credibility assessments the court found on the balance of probabilities the deceased was an employee working on daily wages under the direction and with tools provided by the First Respondent; the First Respondent was the deceased's employer and the Second Respondent was the main contractor and therefore also liable under the Employees' Compensation Ordinance. The Form 9 assessment (100% permanent loss; 36 months sick leave) was accepted as evidence. The court fixed the deceased's pre-accident average monthly working days at 13 days (daily wage HK$1,000) and awarded statutory compensation calculated under ss7,10,10A and 8, totalling HK$1,526,694,...

Citation
[2019] HKDC 1496
Parties
Applicant (deceased) Represented by Next Friend/wife Wong Yun Ho: CHOW CHI YIM; First Respondent: LEE CHAN PO; Second Respondent: TAM WAI CHAK; Third Respondent: EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 November 2019
Case Number
DCEC2737/2016
Procedural Posture
Employees' Compensation Claim / Judgment After Trial
Outcome
Applicant (as representative of the deceased's estate) succeeds. First and Second Respondents held jointly liable for the deceased's work injury and ordered to pay statutory compensation and costs.
Legal Topics
Employer Liability, Contractor V Subcontractor Liability, Statutory Compensation Calculation, Evidence (form 9), Costs Allocation
Source Language
CH
Employment Law Personal Injury Administrative Law Civil Procedure Employer Liability Contractor V Subcontractor Liability Statutory Compensation Calculation Evidence (form 9) +1 more

Case Brief

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Parties

CHOW CHI YIM

Applicant (deceased) Represented by Next Friend/wife Wong Yun Ho

LEE CHAN PO

First Respondent

TAM WAI CHAK

Second Respondent

EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD

Third Respondent

Procedural Posture

Employees' Compensation Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the deceased was an employee at the time of the accident
  2. 2 Whether First Respondent was the deceased's employer
  3. 3 Whether Second Respondent was the main contractor and therefore liable as principal contractor

Ratio Decidendi

Applying the multi-factor test and witness credibility assessments the court found on the balance of probabilities the deceased was an employee working on daily wages under the direction and with tools provided by the First Respondent; the First Respondent was the deceased's employer and the Second Respondent was the main contractor and therefore also liable under the Employees' Compensation Ordinance. The Form 9 assessment (100% permanent loss; 36 months sick leave) was accepted as evidence. The court fixed the deceased's pre-accident average monthly working days at 13 days (daily wage HK$1,000) and awarded statutory compensation calculated under ss7,10,10A and 8, totalling HK$1,526,694,...

Court Disposition

Applicant (as representative of the deceased's estate) succeeds. First and Second Respondents held jointly liable for the deceased's work injury and ordered to pay statutory compensation and costs.

Orders

  • First Respondent liable for the deceased's injury under Employees' Compensation Ordinance s5
  • Second Respondent liable as principal contractor under Employees' Compensation Ordinance s24