WONG KWOK YAN v. HARMONY FORTUNE LTD t/a FORTUNE CAFE
The court accepted the applicant's medical evidence and Dr Lung's opinion, refused to admit the late supplemental expert report, found the applicant suffered an 8% loss of earning capacity, accepted monthly earnings of HK$13,500, and calculated statutory awards under sections 9, 10 and 10A totalling HK$180,214 with interest and costs to follow the event.
- Citation
- WONG KWOK YAN v. HARMONY FORTUNE LTD t/a FORTUNE CAFE
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- District Court
- Jurisdiction
- Hong Kong
- Judgment Date
- 2 December 2008
- Case Number
- DCEC97/2008
- Procedural Posture
- Employees' Compensation Assessment Under Employees Compensation Ordinance Cap.282 / Assessment Hearing on Appeal Against Form 9 (assessment of Loss of Earning Capacity)
- Outcome
- Appeal allowed to the extent of increasing assessment of loss of earning capacity to 8%; judgment for the Applicant against the Respondent for statutory compensation, interest and costs.
- Legal Topics
- Employees Compensation Ordinance, Loss of Earning Capacity, Assessment of Compensation, Admissibility of Expert Evidence, Interest and Costs
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Employees' Compensation Assessment Under Employees Compensation Ordinance Cap.282 / Assessment Hearing on Appeal Against Form 9 (assessment of Loss of Earning Capacity)
Legal Issues
- 1 Whether the injury arose out of and in the course of employment
- 2 Proper percentage loss of earning capacity to be awarded
- 3 Admissibility of supplemental expert report filed shortly before hearing
Ratio Decidendi
The court accepted the applicant's medical evidence and Dr Lung's opinion, refused to admit the late supplemental expert report, found the applicant suffered an 8% loss of earning capacity, accepted monthly earnings of HK$13,500, and calculated statutory awards under sections 9, 10 and 10A totalling HK$180,214 with interest and costs to follow the event.
Court Disposition
Appeal allowed to the extent of increasing assessment of loss of earning capacity to 8%; judgment for the Applicant against the Respondent for statutory compensation, interest and costs.
Orders
- Respondent to pay Applicant HK$180,214.00 as compensation
- Respondent to pay interest on HK$180,214.00 at half judgment rate 4.125% per annum from 20 January 2007 to 2 December 2008 and thereafter at judgment rate until payment
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