CHAN NGAI SHING v. 黃北豪

CHAN NGAI SHING v. 黃北豪

The court adopted the Medical Assessment Board's 25% loss of earning capacity, applied the statutory multiplier of 96 for a claimant under 40, and computed section 9 compensation as HK$172,800; awarded sick leave pay under section 10 for 105 days (HK$23,261.54); declined section 10A award because expenses had been paid and reimbursed; declined surcharge under section 16A as Commissioner assessment prerequisite was not met; awarded interest and costs to the applicant.

Citation
CHAN NGAI SHING v. 黃北豪
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 April 2011
Case Number
DCEC943/2009
Procedural Posture
Assessment of Compensation Under Employees Compensation Ordinance / Assessment Hearing Following Default Judgment
Outcome
Judgment entered for Applicant by default; compensation assessed in favour of Applicant.
Legal Topics
Compensation Assessment, Sick Leave Pay, Medical Expenses, Surcharge Under Section 16 a, Default Judgment
Source Language
EN
Employment Law Workers' Compensation Personal Injury Compensation Assessment Sick Leave Pay Medical Expenses Surcharge Under Section 16 a Default Judgment

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Assessment of Compensation Under Employees Compensation Ordinance / Assessment Hearing Following Default Judgment

Legal Issues

  1. 1 Quantum of compensation under section 9 for permanent loss of earning capacity
  2. 2 entitlement to sick leave pay under section 10
  3. 3 entitlement to medical expenses under section 10A

Ratio Decidendi

The court adopted the Medical Assessment Board's 25% loss of earning capacity, applied the statutory multiplier of 96 for a claimant under 40, and computed section 9 compensation as HK$172,800; awarded sick leave pay under section 10 for 105 days (HK$23,261.54); declined section 10A award because expenses had been paid and reimbursed; declined surcharge under section 16A as Commissioner assessment prerequisite was not met; awarded interest and costs to the applicant.

Court Disposition

Judgment entered for Applicant by default; compensation assessed in favour of Applicant.

Orders

  • Section 9 compensation awarded HK$172,800.00
  • Section 10 sick leave pay awarded HK$23,261.54 for 105 days