陳興蘭 對 陳志偉 t/a 偉記清拆建材泥水維修工程及另二人

陳興蘭 對 陳志偉 t/a 偉記清拆建材泥水維修工程及另二人

Court accepted the joint expert's assessment of 3% permanent loss and the statutory presumption of 815 days temporary incapacity as per Form 9; applied s11(2) and sector statistics to fix pre-accident monthly income at HK$18,697 and awarded compensation accordingly: s9 HK$40,386; s10 HK$406,348; s10A HK$5,707; less prior payment HK$12,000; total HK$440,441 plus interest and costs ordered against first and third respondents.

Citation
[2023] HKDC 65
Parties
Applicant: CHAN HING LAN; First Respondent: CHAN CHI WAI trading as 偉記清拆建材泥水維修工程; Second Respondent (terminated): KWAN YUK LIN; Third Respondent: TSOI CHIT FU trading as HAI WAN ENGINEERING CO.; Fourth Respondent: EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 January 2023
Case Number
DCEC753/2020
Procedural Posture
Employees' Compensation Claim / Judgment (regional Court) 18 January 2023
Outcome
Judgment for applicant against first and third respondents for employees' compensation and costs; fourth respondent joined for assessment and no costs order against fourth.
Legal Topics
Workers' Compensation, Assessment of Loss of Earning Capacity, Pre Accident Income Calculation, Medical Expenses, Interest, Costs
Source Language
CH
Employment Law Personal Injury Statutory Compensation Workers' Compensation Assessment of Loss of Earning Capacity Pre Accident Income Calculation Medical Expenses Interest +1 more

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Parties

CHAN HING LAN

Applicant

CHAN CHI WAI trading as 偉記清拆建材泥水維修工程

First Respondent

KWAN YUK LIN

Second Respondent (terminated)

TSOI CHIT FU trading as HAI WAN ENGINEERING CO.

Third Respondent

EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD

Fourth Respondent

Procedural Posture

Employees' Compensation Claim / Judgment (regional Court) 18 January 2023

Legal Issues

  1. 1 Appropriate percentage loss of earning capacity under s9
  2. 2 Appropriate number of sick leave days under s10
  3. 3 Method to calculate pre-accident monthly income under s11(1)/(2)

Ratio Decidendi

Court accepted the joint expert's assessment of 3% permanent loss and the statutory presumption of 815 days temporary incapacity as per Form 9; applied s11(2) and sector statistics to fix pre-accident monthly income at HK$18,697 and awarded compensation accordingly: s9 HK$40,386; s10 HK$406,348; s10A HK$5,707; less prior payment HK$12,000; total HK$440,441 plus interest and costs ordered against first and third respondents.

Court Disposition

Judgment for applicant against first and third respondents for employees' compensation and costs; fourth respondent joined for assessment and no costs order against fourth.

Orders

  • First and third respondents to pay applicant HK$440,441 plus interest (interest from date of accident to judgment at half the assessed rate and post-judgment at the assessed rate until full payment).
  • First and third respondents to pay applicant's costs including barrister's certificate; costs between applicant and fourth respondent reserved (no order).