WONG TSZ WING v. HUANG WEN MING t/a MING NGAI TRADING CO

WONG TSZ WING v. HUANG WEN MING t/a MING NGAI TRADING CO

Section 9(1A) applied because the claimant sustained serious right wrist injury resulting in loss of ability to perform his pre-accident physically demanding work and possessing only low education and non-transferable physical skills; pre-accident earnings fixed at HK$12,000, suitable alternative earnings assessed at HK$7,465, multiplier 96 (age 34) applied, producing permanent partial incapacity award HK$435,360; together with temporary incapacity and medical expenses less advance payment total award HK$535,345, with interest and costs ordered to the applicant.

Citation
WONG TSZ WING v. HUANG WEN MING t/a MING NGAI TRADING CO
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 March 2011
Case Number
DCEC238/2010
Procedural Posture
Employees Compensation Ordinance Assessment Appeal / Assessment Hearing on Compensation Following Interlocutory Judgment on Liability
Outcome
Appeal allowed in part; compensation assessed and awarded to applicant
Legal Topics
Employees Compensation Ordinance, Permanent Partial Incapacity, Temporary Incapacity, Medical Expenses, Interest, Costs, Loss of Earning Capacity
Source Language
EN
Employment Law Personal Injury Workers' Compensation Administrative Law Employees Compensation Ordinance Permanent Partial Incapacity Temporary Incapacity Medical Expenses +3 more

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Employees Compensation Ordinance Assessment Appeal / Assessment Hearing on Compensation Following Interlocutory Judgment on Liability

Legal Issues

  1. 1 Whether section 9(1A) of the ECO applies (special circumstances)
  2. 2 Proper assessment of loss of earning capacity and multiplier
  3. 3 Calculation of compensation under sections 9, 10 and 10A of the ECO

Ratio Decidendi

Section 9(1A) applied because the claimant sustained serious right wrist injury resulting in loss of ability to perform his pre-accident physically demanding work and possessing only low education and non-transferable physical skills; pre-accident earnings fixed at HK$12,000, suitable alternative earnings assessed at HK$7,465, multiplier 96 (age 34) applied, producing permanent partial incapacity award HK$435,360; together with temporary incapacity and medical expenses less advance payment total award HK$535,345, with interest and costs ordered to the applicant.

Court Disposition

Appeal allowed in part; compensation assessed and awarded to applicant

Orders

  • Respondent to pay the applicant HK$535,345 together with interest at half judgment rate from 15 September 2009 until judgment and thereafter at judgment rate until payment in full
  • Respondent to pay the costs of this assessment including the costs of the hearing on 25 February 2011 (with certificate for counsel), such costs to be taxed if not agreed