YU CHUN KIT v. WONG WING YAU (THE BANKRUPT) FORMERLY t/a VIEWBOND CARGO SERVICE CO AND ANOTHER

YU CHUN KIT v. WONG WING YAU (THE BANKRUPT) FORMERLY t/a VIEWBOND CARGO SERVICE CO AND ANOTHER

On the evidence the court preferred R1's contemporaneous business records and adopted monthly earnings of HK$5,850; on fresh review of medical evidence the court assessed permanent loss of earning capacity at 25% (rejecting OAB's 8% and expert's 15% as insufficient given functional limitations); medical expenses recoverable under s.10A were limited to HK$15,240; total net EC payable after crediting payments received was HK$204,796; judgment to be entered against R1 (the employer) and not directly against the Board; costs to be paid by R1 only.

Citation
YU CHUN KIT v. WONG WING YAU (THE BANKRUPT) FORMERLY t/a VIEWBOND CARGO SERVICE CO AND ANOTHER
Parties
Applicant (injured Employee): Applicant; 1st Respondent (employer, Bankrupt): Mr Wong Wing Yau; 2nd Respondent (board/intervener): Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 June 2017
Case Number
DCEC1787/2015
Procedural Posture
Employees Compensation Ordinance Claim and S.18 Appeal Against OAB Assessment / Assessment Hearing and Judgment on Compensation and Appeal
Outcome
Court assessed monthly earnings HK$5,850; permanent loss of earning capacity 25%; medical expenses allowed HK$15,240; net employees compensation payable HK$204,796; judgment entered against R1; costs ordered against R1 only, no order as to costs against the Board (R2) with orders nisi to be made absolute in 14 days...
Legal Topics
Calculation of Monthly Earnings Under S.11 ECO, Assessment of Permanent Loss of Earning Capacity Under S.18 ECO, Medical Expenses Under S.10 a and Third Schedule ECO, Joinder/intervention by Employees Compensation Assistance Fund Board Under ECAO, Effect of Bankruptcy on Proceedings and Enforcement, Costs and Enforcement Against Bankrupt Estate
Source Language
EN
Employees Compensation Ordinance Personal Injury Bankruptcy Law Administrative Law (statutory Board Intervention) Calculation of Monthly Earnings Under S.11 ECO Assessment of Permanent Loss of Earning Capacity Under S.18 ECO Medical Expenses Under S.10 a and Third Schedule ECO Joinder/intervention by Employees Compensation Assistance Fund Board Under ECAO +2 more

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Parties

Applicant

Applicant (injured Employee)

Mr Wong Wing Yau

1st Respondent (employer, Bankrupt)

Employees Compensation Assistance Fund Board

2nd Respondent (board/intervener)

Procedural Posture

Employees Compensation Ordinance Claim and S.18 Appeal Against OAB Assessment / Assessment Hearing and Judgment on Compensation and Appeal

Legal Issues

  1. 1 What monthly earnings for December 2013 should be adopted for compensation calculation under s.11 ECO?
  2. 2 What percentage permanent loss of earning capacity should be assessed on appeal under s.18 ECO?
  3. 3 What medical expenses are recoverable under s.10A and the Third Schedule of the ECO?

Ratio Decidendi

On the evidence the court preferred R1's contemporaneous business records and adopted monthly earnings of HK$5,850; on fresh review of medical evidence the court assessed permanent loss of earning capacity at 25% (rejecting OAB's 8% and expert's 15% as insufficient given functional limitations); medical expenses recoverable under s.10A were limited to HK$15,240; total net EC payable after crediting payments received was HK$204,796; judgment to be entered against R1 (the employer) and not directly against the Board; costs to be paid by R1 only.

Court Disposition

Court assessed monthly earnings HK$5,850; permanent loss of earning capacity 25%; medical expenses allowed HK$15,240; net employees compensation payable HK$204,796; judgment entered against R1; costs ordered against R1 only, no order as to costs against the Board (R2) with orders nisi to be made absolute in 14 days...

Orders

  • The Applicant's earning for the purpose of his compensation under the ECO is HK$5,850 per month.
  • The Applicant's permanent loss of earning capacity is 25%.