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

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

Court accepted claimant's medical records and earnings evidence (adopted monthly earnings HKD 4,365); treated Form 9 LOEC of 3% as final and binding; allowed 145 days temporary total incapacity under s.10(2); awarded s.9 compensation HKD 12,571.20, s.10 compensation HKD 16,878, s.10A medical expenses HKD 2,190, credited periodic payments HKD 27,470.40 producing net EC award HKD 4,168.80; at common law awarded PSLA HKD 250,000, pre-trial loss HKD 22,152.38, loss of earning capacity HKD 50,000, special damages HKD 3,100, set-off EC award to result in PI judgment HKD 321,083.58; entered judgments with specified interest and made costs orders nisi.

Citation
[2019] HKDC 657
Parties
Applicant/plaintiff: Tsui Wai Ho; Respondent/defendant: Pride Glory Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 May 2019
Case Number
DCPI1699/2016
Procedural Posture
Employees Compensation Application (dcec 1791/2015) and Personal Injuries Action (dcpi 1699/2016) / Assessment of Compensation and Assessment of Damages Hearing (interlocutory Judgments Entered; Assessment Heard Together)
Outcome
Judgment entered for claimant Tsui Wai Ho against Pride Glory Limited in Employees Compensation Application for HKD 4,168.80 and in Personal Injuries Action for HKD 321,083.58 with interest and costs orders nisi
Legal Topics
Slip and Fall, Employees Compensation Ordinance S.9 S.10 S.10 a, Assessment of Damages, Permanent Partial Incapacity, Temporary Incapacity, Medical Expenses, Loss of Earnings, Loss of Earning Capacity, Costs
Source Language
EN
Employment Law Personal Injury Tort Workers' Compensation Slip and Fall Employees Compensation Ordinance S.9 S.10 S.10 a Assessment of Damages Permanent Partial Incapacity +5 more

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Parties

Tsui Wai Ho

Applicant/plaintiff

Pride Glory Limited

Respondent/defendant

Procedural Posture

Employees Compensation Application (dcec 1791/2015) and Personal Injuries Action (dcpi 1699/2016) / Assessment of Compensation and Assessment of Damages Hearing (interlocutory Judgments Entered; Assessment Heard Together)

Legal Issues

  1. 1 Whether claimant entitled to compensation under Employees Compensation Ordinance for workplace slip and fall
  2. 2 Proper basis for calculating s.9 permanent partial incapacity award (use of Form 9 LOEC)
  3. 3 Appropriate period and calculation for temporary total incapacity under s.10

Ratio Decidendi

Court accepted claimant's medical records and earnings evidence (adopted monthly earnings HKD 4,365); treated Form 9 LOEC of 3% as final and binding; allowed 145 days temporary total incapacity under s.10(2); awarded s.9 compensation HKD 12,571.20, s.10 compensation HKD 16,878, s.10A medical expenses HKD 2,190, credited periodic payments HKD 27,470.40 producing net EC award HKD 4,168.80; at common law awarded PSLA HKD 250,000, pre-trial loss HKD 22,152.38, loss of earning capacity HKD 50,000, special damages HKD 3,100, set-off EC award to result in PI judgment HKD 321,083.58; entered judgments with specified interest and made costs orders nisi.

Court Disposition

Judgment entered for claimant Tsui Wai Ho against Pride Glory Limited in Employees Compensation Application for HKD 4,168.80 and in Personal Injuries Action for HKD 321,083.58 with interest and costs orders nisi

Orders

  • Judgment for HKD 4,168.80 in DCEC 1791/2015 with interest at half judgment rate from 1 Sept 2013 to judgment and thereafter at judgment rate until payment
  • Judgment for HKD 321,083.58 in DCPI 1699/2016 with interest: 2% p.a. on PSLA HKD 250,000 from service of writ to judgment and half judgment rate on pre-trial loss and special damages (total HKD 25,252.38) from 1 Sept 2013 to judgment and thereafter at judgment rate until payment