LEE KIN CHUEN v. 王偉

LEE KIN CHUEN v. 王偉

Judge found it was impracticable to compute monthly earnings from the employer and accepted applicant's 12-month average monthly earnings of HK$22,500 under s11(2); awarded temporary incapacity compensation of HK$183,600 for 306 days under s10, medical expenses of HK$5,705 under s10A/10AB and Third Schedule, and permanent partial incapacity compensation of HK$105,300 (6.5% of 72 months' earnings), totaling HK$294,605; awarded interest at half the judgment rate and made a costs order nisi against respondent Mr Wong.

Citation
LEE KIN CHUEN v. 王偉
Parties
Applicant/employee: Mr Lee Kin Chuen; Respondent/employer: Mr Wong
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 April 2015
Case Number
DCEC970/2014
Procedural Posture
Employees Compensation Assessment / Assessment Hearing and Judgment
Outcome
Assessment allowed; award of HK$294,605 to applicant Mr Lee; interest and costs ordered
Legal Topics
Loss of Earnings, Medical Expenses, Temporary Incapacity, Permanent Partial Incapacity, Interest and Costs
Source Language
EN
Employment Workers' Compensation Personal Injury Statutory Interpretation Loss of Earnings Medical Expenses Temporary Incapacity Permanent Partial Incapacity +1 more

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Parties

Mr Lee Kin Chuen

Applicant/employee

Mr Wong

Respondent/employer

Procedural Posture

Employees Compensation Assessment / Assessment Hearing and Judgment

Legal Issues

  1. 1 Whether monthly earnings should be calculated under s11(1) or s11(2) of the Employees' Compensation Ordinance given short employment
  2. 2 Whether applicant is entitled to compensation for temporary incapacity under s10 and for how long
  3. 3 Whether medical expenses claimed are recoverable under s10A and s10AB and Third Schedule limits

Ratio Decidendi

Judge found it was impracticable to compute monthly earnings from the employer and accepted applicant's 12-month average monthly earnings of HK$22,500 under s11(2); awarded temporary incapacity compensation of HK$183,600 for 306 days under s10, medical expenses of HK$5,705 under s10A/10AB and Third Schedule, and permanent partial incapacity compensation of HK$105,300 (6.5% of 72 months' earnings), totaling HK$294,605; awarded interest at half the judgment rate and made a costs order nisi against respondent Mr Wong.

Court Disposition

Assessment allowed; award of HK$294,605 to applicant Mr Lee; interest and costs ordered

Orders

  • Respondent Mr Wong to pay assessed compensation of HK$294,605 to Mr Lee
  • Interest at half the judgment rate on the compensation from the date of the accident to the date of judgment