YUEN WAI LING AND OTHERS v. OCEAN SHIPPING AND ENTERPRISES LTD

YUEN WAI LING AND OTHERS v. OCEAN SHIPPING AND ENTERPRISES LTD

Where a seaman lived and worked on board in a malarial endemic area for an extended period and it is impossible to identify where the infecting bite occurred, the infection may properly be held to be an accident occurring in the course of employment; in any event, by s.5(6) of Cap.282 an accident in the course of employment is presumed to have arisen out of the employment absent contrary evidence.

Citation
YUEN WAI LING AND OTHERS v. OCEAN SHIPPING AND ENTERPRISES LTD
Parties
Applicant (widow and on Behalf of Dependents): YUEN Wai-ling; Respondent (employer): OCEAN SHIPPING AND ENTERPRISES LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 April 1984
Case Number
DCEC172/1983
Procedural Posture
Employees Compensation / District Court Judgment
Outcome
Applicant's claim allowed; death held to be result of an accident occurring in the course of and arising out of employment
Legal Topics
Causation, Accident, Arising Out of and in the Course of Employment, Occupational Disease, Wilful Misconduct, Notice Requirements
Source Language
EN
Employment Law Workers' Compensation Maritime Law Personal Injury Causation Accident Arising Out of and in the Course of Employment Occupational Disease +2 more

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Parties

YUEN Wai-ling

Applicant (widow and on Behalf of Dependents)

OCEAN SHIPPING AND ENTERPRISES LIMITED

Respondent (employer)

Procedural Posture

Employees Compensation / District Court Judgment

Legal Issues

  1. 1 Whether malaria infection constitutes an "accident" under the Employees Compensation Ordinance
  2. 2 Whether the infecting mosquito bite occurred in the course of employment (on board) or outside it (ashore during shore leave)
  3. 3 Whether the accident arose out of the employment

Ratio Decidendi

Where a seaman lived and worked on board in a malarial endemic area for an extended period and it is impossible to identify where the infecting bite occurred, the infection may properly be held to be an accident occurring in the course of employment; in any event, by s.5(6) of Cap.282 an accident in the course of employment is presumed to have arisen out of the employment absent contrary evidence.

Court Disposition

Applicant's claim allowed; death held to be result of an accident occurring in the course of and arising out of employment

Orders

  • Respondent to pay compensation under the Employees Compensation Ordinance (Cap.282) to the applicant as widow and on behalf of dependents