YU SUET WAN v. FIDELITY PROPERTY MANAGEMENT LTD

YU SUET WAN v. FIDELITY PROPERTY MANAGEMENT LTD

On the balance of probabilities the court preferred the applicant's medical evidence and the circumstantial evidence of site conditions and found it highly probable the deceased slipped and fell on a wet, sloping, uneven surface while on duty; that event triggered fatal cardiac arrhythmia and employment materially contributed to the death, so the accident arose out of and in the course of employment and the employer is liable to pay compensation.

Citation
YU SUET WAN v. FIDELITY PROPERTY MANAGEMENT LTD
Parties
Applicant (widow/dependant): YU Suet Wan; Respondent (employer): Fidelity Property Management Ltd.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 June 2007
Case Number
DCEC815/2005
Procedural Posture
Employees Compensation (cap. 282) Claim / Judgment (district Court)
Outcome
Application allowed; respondent liable to pay compensation to applicant
Legal Topics
Causation, Arising Out of and in the Course of Employment, Death, Quantum of Compensation, Expert Evidence
Source Language
EN
Employment Law Workers' Compensation Personal Injury Medical Causation Civil Procedure Causation Arising Out of and in the Course of Employment Death +2 more

Case Brief

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Parties

YU Suet Wan

Applicant (widow/dependant)

Fidelity Property Management Ltd.

Respondent (employer)

Procedural Posture

Employees Compensation (cap. 282) Claim / Judgment (district Court)

Legal Issues

  1. 1 Whether the accident leading to death arose out of and in the course of employment under s.5 of the Employees' Compensation Ordinance
  2. 2 Whether the deceased slipped and fell at work triggering fatal cardiac arrhythmia or died from his own pre-existing disease alone
  3. 3 Whether the deeming provision s.5(4) applies where there is conflicting medical evidence

Ratio Decidendi

On the balance of probabilities the court preferred the applicant's medical evidence and the circumstantial evidence of site conditions and found it highly probable the deceased slipped and fell on a wet, sloping, uneven surface while on duty; that event triggered fatal cardiac arrhythmia and employment materially contributed to the death, so the accident arose out of and in the course of employment and the employer is liable to pay compensation.

Court Disposition

Application allowed; respondent liable to pay compensation to applicant

Orders

  • Respondent to pay applicant HK$230,164.00
  • Award to bear interest at half judgment rate from date of accident until date of award, and judgment rate thereafter until payment