LEE KAM LIN v. FULL WISE LTD t/a FISHING BAY RESTAURANT

LEE KAM LIN v. FULL WISE LTD t/a FISHING BAY RESTAURANT

The court allowed the applicant's section 18 appeal, found a 10% permanent loss of earning capacity from combined orthopaedic and psychiatric injuries, adopted monthly earnings of HK$9,930 and a 72‑month multiplier to calculate the base for permanent total incapacity, awarded statutory sums: HK$71,496 under section 9, HK$96,916.80 under section 10, and HK$12,715 under section 10A, netting a total award of HK$134,903.80 after crediting prior periodical payments; medical expenses incurred outside Hong Kong without certification were disallowed.

Citation
LEE KAM LIN v. FULL WISE LTD t/a FISHING BAY RESTAURANT
Parties
Employee/applicant: Applicant; Employer/respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 June 2015
Case Number
DCEC2005/2012
Procedural Posture
Assessment of Compensation Under Employees Compensation Ordinance (cap.282) / Assessment Hearing With Interlocutory Judgment on Liability Entered; Section 18 Appeal Against Board Review Decision
Outcome
Section 18 appeal allowed; assessment adjusted to 10% loss of earning capacity; compensation awarded to applicant.
Legal Topics
Assessment of Compensation, Loss of Earning Capacity, Section 18 Appeal, Medical Expenses, Temporary Incapacity, Paper Mills Formula, Interest and Costs
Source Language
EN
Employees Compensation Personal Injury Employment Law Administrative Law Assessment of Compensation Loss of Earning Capacity Section 18 Appeal Medical Expenses +3 more

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Parties

Applicant

Employee/applicant

Respondent

Employer/respondent

Procedural Posture

Assessment of Compensation Under Employees Compensation Ordinance (cap.282) / Assessment Hearing With Interlocutory Judgment on Liability Entered; Section 18 Appeal Against Board Review Decision

Legal Issues

  1. 1 Proper percentage loss of earning capacity to apply on section 9 assessment
  2. 2 Whether Paper Mills formula should be applied
  3. 3 Calculation of monthly earnings under section 11

Ratio Decidendi

The court allowed the applicant's section 18 appeal, found a 10% permanent loss of earning capacity from combined orthopaedic and psychiatric injuries, adopted monthly earnings of HK$9,930 and a 72‑month multiplier to calculate the base for permanent total incapacity, awarded statutory sums: HK$71,496 under section 9, HK$96,916.80 under section 10, and HK$12,715 under section 10A, netting a total award of HK$134,903.80 after crediting prior periodical payments; medical expenses incurred outside Hong Kong without certification were disallowed.

Court Disposition

Section 18 appeal allowed; assessment adjusted to 10% loss of earning capacity; compensation awarded to applicant.

Orders

  • Award of compensation totaling HK$134,903.80 (after deducting prior periodical payments of HK$46,224)
  • Section 9 award HK$71,496.00