LAM MAN WAI AD v. ONTIME CORPORATION LTD

LAM MAN WAI AD v. ONTIME CORPORATION LTD

Court preferred the respondent's expert evidence on disability and the documentary payroll records over claimant's uncorroborated cash income allegation; upheld the Board's 0.5% permanent loss of earning capacity; rejected uplift of income to HK$33,000 due to lack of evidence; awarded statutory and common law damages as quantified and dismissed claimant's s18 appeal.

Citation
[2022] HKDC 1090
Parties
Applicant/plaintiff: Lam Man Wai AD; Respondent/defendant (in Liquidation): Ontime Corporation Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 October 2022
Case Number
DCPI2649/2020
Procedural Posture
Employees' Compensation (dcec 1671/2018) and Personal Injuries (dcpi 2649/2020) Quantum Trial / Quantum Trial Following Interlocutory Judgment on Liability; S18 Appeal Against Board Assessment
Outcome
Applicant's s18 appeal dismissed; judgment for claimant in both actions on quantum as quantified; respondent to pay damages, statutory awards, interest and costs as ordered.
Legal Topics
Loss of Earning Capacity, Permanent Partial Incapacity, Temporary Incapacity, Section 18 Appeal Against Board Assessment, General Damages (psla), Pre Trial Loss of Earnings, Medical Expenses, Costs and Interest
Source Language
EN
Employment Law Workers' Compensation Personal Injury Tort Law Loss of Earning Capacity Permanent Partial Incapacity Temporary Incapacity Section 18 Appeal Against Board Assessment +4 more

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Parties

Lam Man Wai AD

Applicant/plaintiff

Ontime Corporation Limited

Respondent/defendant (in Liquidation)

Procedural Posture

Employees' Compensation (dcec 1671/2018) and Personal Injuries (dcpi 2649/2020) Quantum Trial / Quantum Trial Following Interlocutory Judgment on Liability; S18 Appeal Against Board Assessment

Legal Issues

  1. 1 Proper assessment of loss of earning capacity under Employees' Compensation Ordinance
  2. 2 Whether claimant's alleged unreported cash earnings are proven
  3. 3 Effect of pre-existing left wrist injury on causation and assessment

Ratio Decidendi

Court preferred the respondent's expert evidence on disability and the documentary payroll records over claimant's uncorroborated cash income allegation; upheld the Board's 0.5% permanent loss of earning capacity; rejected uplift of income to HK$33,000 due to lack of evidence; awarded statutory and common law damages as quantified and dismissed claimant's s18 appeal.

Court Disposition

Applicant's s18 appeal dismissed; judgment for claimant in both actions on quantum as quantified; respondent to pay damages, statutory awards, interest and costs as ordered.

Orders

  • Order nisi that Ontime shall pay claimant's costs in both actions to be taxed if not agreed; claimant's own costs to be taxed in accordance with Legal Aid Regulations