CHEN LIANGPING v. 方廷秋 AND OTHERS

CHEN LIANGPING v. 方廷秋 AND OTHERS

Court applied s11(2) using government statistics for demolition workers to fix daily wage at HK$1,196.01 and 22 working days to compute monthly earnings HK$26,312.22; accepted Dr Chiang's joint medical opinion fixing permanent loss of earning capacity at 2.5%; found statutory presumption of total temporary incapacity rebutted and allowed temporary incapacity from 31 May 2019 to 28 Feb 2021 (640 days); allowed medical expenses up to date of joint medical exam 18 Mar 2022 totaling HK$9,180; awarded s9 HK$47,362, s10 HK$427,685.31, s10A HK$9,180, total HK$484,227.31 payable by 1st Respondent with interest and costs as ordered.

Citation
[2022] HKDC 1166
Parties
Applicant: Chen Liangping; 1st Respondent: 方廷秋; 2nd Respondent: Employees’ Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 October 2022
Case Number
DCEC2444/2019
Procedural Posture
Employees' Compensation / Assessment of Compensation (trial)
Outcome
Claim partially allowed; interlocutory judgment against 1st Respondent; 1st Respondent ordered to pay compensation and costs as specified
Legal Topics
Employees' Compensation, Assessment of Damages, Loss of Earning Capacity, Temporary Incapacity, Medical Expenses, Statutory Presumption
Source Language
EN
Employment Law Personal Injury Workers' Compensation Employees' Compensation Assessment of Damages Loss of Earning Capacity Temporary Incapacity Medical Expenses +1 more

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Parties

Chen Liangping

Applicant

方廷秋

1st Respondent

Employees’ Compensation Assistance Fund Board

2nd Respondent

Procedural Posture

Employees' Compensation / Assessment of Compensation (trial)

Legal Issues

  1. 1 Proper method for assessing monthly earnings of a short-term/casual worker
  2. 2 Appropriate percentage loss of earning capacity
  3. 3 Duration of total temporary incapacity (sick leave) and rebuttal of statutory presumption

Ratio Decidendi

Court applied s11(2) using government statistics for demolition workers to fix daily wage at HK$1,196.01 and 22 working days to compute monthly earnings HK$26,312.22; accepted Dr Chiang's joint medical opinion fixing permanent loss of earning capacity at 2.5%; found statutory presumption of total temporary incapacity rebutted and allowed temporary incapacity from 31 May 2019 to 28 Feb 2021 (640 days); allowed medical expenses up to date of joint medical exam 18 Mar 2022 totaling HK$9,180; awarded s9 HK$47,362, s10 HK$427,685.31, s10A HK$9,180, total HK$484,227.31 payable by 1st Respondent with interest and costs as ordered.

Court Disposition

Claim partially allowed; interlocutory judgment against 1st Respondent; 1st Respondent ordered to pay compensation and costs as specified

Orders

  • 1st Respondent to pay Applicant total compensation of HK$484,227.31 (s9 HK$47,362; s10 HK$427,685.31; s10A HK$9,180)
  • Interest to accrue on the sum at half judgment rate from 31 May 2019 to date of judgment and thereafter at judgment rate until payment in full