ABDUL GHAFAR v. YUEN MING TRANSPORTATION CONSTRUCTION LTD AND ANOTHER

ABDUL GHAFAR v. YUEN MING TRANSPORTATION CONSTRUCTION LTD AND ANOTHER

Liability admitted; monthly earnings fixed at HK$18,850. Expert evidence accepted in paper form; preferred applicant's experts on psychiatric and pelvic fracture impairment and rejected unexplained extra soft tissue impairment; allowed appeal on O&T component to 3% and upheld psychiatric 3% from Form 9; aggregated permanent loss 6% under s9(2) with multiplier 72 months yielding HK$81,432; temporary incapacity recognized as 382 days producing HK$192,018.67; medical expenses HK$2,210; total award HK$275,660.67 with interest and costs order nisi as specified.

Citation
[2021] HKDC 550
Parties
Applicant: Abdul Ghafar; 1st Respondent: Yuen Ming Transportation Construction Limited; 2nd Respondent: Chan Chung Yuen
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 May 2021
Case Number
DCEC124/2015
Procedural Posture
Employees' Compensation / Judgment
Outcome
Judgment for Applicant. 1st Respondent (Yuen Ming Transportation Construction Limited) ordered to pay compensation.
Legal Topics
Employees' Compensation Ordinance, Assessment of Damages, Loss of Earning Capacity, Expert Evidence Admissibility, Causation (novus Actus Interveniens), Costs
Source Language
EN
Employment Law Personal Injury Workers' Compensation Civil Procedure Evidence Employees' Compensation Ordinance Assessment of Damages Loss of Earning Capacity +3 more

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Parties

Abdul Ghafar

Applicant

Yuen Ming Transportation Construction Limited

1st Respondent

Chan Chung Yuen

2nd Respondent

Procedural Posture

Employees' Compensation / Judgment

Legal Issues

  1. 1 Whether employer liable (admitted)
  2. 2 Quantification of permanent loss of earning capacity under ECO s9
  3. 3 Quantification of temporary incapacity under ECO s10 including disputed sick days

Ratio Decidendi

Liability admitted; monthly earnings fixed at HK$18,850. Expert evidence accepted in paper form; preferred applicant's experts on psychiatric and pelvic fracture impairment and rejected unexplained extra soft tissue impairment; allowed appeal on O&T component to 3% and upheld psychiatric 3% from Form 9; aggregated permanent loss 6% under s9(2) with multiplier 72 months yielding HK$81,432; temporary incapacity recognized as 382 days producing HK$192,018.67; medical expenses HK$2,210; total award HK$275,660.67 with interest and costs order nisi as specified.

Court Disposition

Judgment for Applicant. 1st Respondent (Yuen Ming Transportation Construction Limited) ordered to pay compensation.

Orders

  • 1st Respondent to pay the Applicant HK$275,660.67 as compensation
  • Interest to accrue on that sum at half judgment rate from date of Accident (28 July 2013) to date of judgment (21 May 2021), thereafter at judgment rate until payment in full