CHEN RONG v. INNOVATIVE DESIGN GROUP LTD AND ANOTHER

CHEN RONG v. INNOVATIVE DESIGN GROUP LTD AND ANOTHER

Court found applicant could not resume pre-injury plumber/electrician work and had no realistic opportunity to become supervisor/sub-contractor; invoked s9(1A) and applied Hong Kong Paper Mills formula to award higher section 9 compensation; accepted applicant's evidence on periodical payments and extended period beyond 24 months to 10 October 2013; ordered respondents to pay total compensation and 1st respondent to indemnify 2nd respondent.

Citation
CHEN RONG v. INNOVATIVE DESIGN GROUP LTD AND ANOTHER
Parties
Applicant: Applicant; Employer / 1st Respondent: 1st Respondent; Principal Contractor / 2nd Respondent: 2nd Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 June 2015
Case Number
DCEC8/2013
Procedural Posture
Employees Compensation Ordinance Claim (cap 282) / Trial Judgment
Outcome
Judgment for applicant; award of damages and costs in favour of applicant; 1st respondent to indemnify 2nd respondent.
Legal Topics
Compensation Assessment, Loss of Earning Capacity, Periodical Payments, Indemnity, Statutory Interpretation
Source Language
EN
Employment Law Personal Injury Workers' Compensation Compensation Assessment Loss of Earning Capacity Periodical Payments Indemnity Statutory Interpretation

Case Brief

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Parties

Applicant

Applicant

1st Respondent

Employer / 1st Respondent

2nd Respondent

Principal Contractor / 2nd Respondent

Procedural Posture

Employees Compensation Ordinance Claim (cap 282) / Trial Judgment

Legal Issues

  1. 1 Whether the Hong Kong Paper Mills formula applies to assess loss of earning capacity under s9(1A)
  2. 2 Whether the applicant can resume pre-injury employment or obtain realistic alternative higher-paid work
  3. 3 Quantum: correct post-injury earning capacity to use in section 9 calculation

Ratio Decidendi

Court found applicant could not resume pre-injury plumber/electrician work and had no realistic opportunity to become supervisor/sub-contractor; invoked s9(1A) and applied Hong Kong Paper Mills formula to award higher section 9 compensation; accepted applicant's evidence on periodical payments and extended period beyond 24 months to 10 October 2013; ordered respondents to pay total compensation and 1st respondent to indemnify 2nd respondent.

Court Disposition

Judgment for applicant; award of damages and costs in favour of applicant; 1st respondent to indemnify 2nd respondent.

Orders

  • 1st and 2nd respondents to pay applicant total compensation of HKD 1,446,370.40 pursuant to Sections 9, 10 and 10A of the Employees Compensation Ordinance, Cap 282
  • Interest at half judgment rate from date of accident to date of judgment and thereafter at judgment rate until payment