CHAN CHUN CHEONG v. OCCUPATIONAL DEAFNESS COMPENSATION BOARD

CHAN CHUN CHEONG v. OCCUPATIONAL DEAFNESS COMPENSATION BOARD

Leave to appeal was dismissed because reliable CERA evidence and the applicant's own audiologist established that the sensorineural component in the left ear was below 40 dB, and Section 2 requires sensorineural hearing loss of at least 40 dB in each ear; there was no prospect of success and proposed fresh medical evidence could not form the basis for leave.

Citation
CHAN CHUN CHEONG v. OCCUPATIONAL DEAFNESS COMPENSATION BOARD
Parties
Appellant: Applicant; Respondent: Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 November 2006
Case Number
DCOA1/2005
Procedural Posture
Appeal Against Administrative Compensation Decision / Application for Leave to Appeal (district Court)
Outcome
Application for leave to appeal dismissed.
Legal Topics
Hearing Loss Compensation, Cortical Evoked Response Audiometry (cera), Sensorineural Vs Mixed Hearing Loss, Leave to Appeal, Admission of Fresh Evidence
Source Language
EN
Administrative Law Statutory Interpretation Medical Evidence Compensation Law Hearing Loss Compensation Cortical Evoked Response Audiometry (cera) Sensorineural Vs Mixed Hearing Loss Leave to Appeal +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Applicant

Appellant

Board

Respondent

Procedural Posture

Appeal Against Administrative Compensation Decision / Application for Leave to Appeal (district Court)

Legal Issues

  1. 1 Whether the applicant's left ear suffered sensorineural hearing loss of at least 40 decibels
  2. 2 Whether mixed hearing loss qualifies where statute requires sensorineural loss
  3. 3 Whether averaging both ears can satisfy the statutory threshold

Ratio Decidendi

Leave to appeal was dismissed because reliable CERA evidence and the applicant's own audiologist established that the sensorineural component in the left ear was below 40 dB, and Section 2 requires sensorineural hearing loss of at least 40 dB in each ear; there was no prospect of success and proposed fresh medical evidence could not form the basis for leave.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • Application for leave to appeal dismissed.
  • Applicant to pay the costs of this hearing to the Respondent to be taxed if not agreed.