LEE KUEN v. 溫錦培

LEE KUEN v. 溫錦培

Monthly earnings were computed under s11(2) at HK$800 x 26 days = HK$20,800; s9(1A) did not apply because applicant was not shown to have no viable alternative employment and had experience beyond electrical work; accepted Dr Wong's assessment of 6% whole person impairment; awarded permanent partial incapacity...

Source-derived case information.

Citation
LEE KUEN v. 溫錦培
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 February 2013
Case Number
DCEC518/2011
Procedural Posture
Employees Compensation Ordinance Claim / Assessment of Compensation Following Interlocutory Judgment on Liability
Outcome
Applicant's claim allowed in part; appeal against Certificate of Review of Assessment allowed; total award granted
Legal Topics
Employees Compensation Ordinance, Permanent Partial Incapacity, Temporary Incapacity, Medical Expenses, Calculation of Monthly Earnings, Section 9, Section 10, Section 10 a, Section 11(2)
Source Language
en
Employment Law Personal Injury Workers' Compensation Employees Compensation Ordinance Permanent Partial Incapacity Temporary Incapacity Medical Expenses Calculation of Monthly Earnings +4 more

Source-derived case record

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Employees Compensation Ordinance Claim / Assessment of Compensation Following Interlocutory Judgment on Liability

Legal Issues

  1. 1 Proper basis for calculating monthly earnings under s11(2) ECO
  2. 2 Whether special circumstances justify assessment under s9(1A) ECO
  3. 3 Appropriate percentage loss of earning capacity

Ratio Decidendi

Monthly earnings were computed under s11(2) at HK$800 x 26 days = HK$20,800; s9(1A) did not apply because applicant was not shown to have no viable alternative employment and had experience beyond electrical work; accepted Dr Wong's assessment of 6% whole person impairment; awarded permanent partial incapacity HK$20,800 x 72 x 6% = HK$89,856; temporary incapacity (69 days) awarded (HK$20,800/30) x 69 x 4/5 = HK$38,272; medical expenses allowed HK$780; total award HK$128,908 plus interest and costs.

Court Disposition

Applicant's claim allowed in part; appeal against Certificate of Review of Assessment allowed; total award granted

Orders

  • Respondent to pay the applicant HK$128,908 with interest at half judgment rate from date of injury to date of judgment and thereafter at judgment rate until full payment
  • Applicant's appeal against the Certificate of Review of Assessment by the Employees Compensation (Ordinary Assessment) Board dated 7 February 2011 allowed