CHEUNG WING TAN v. GOLDWOOD ENGINEERING LTD. AND OTHERS

CHEUNG WING TAN v. GOLDWOOD ENGINEERING LTD. AND OTHERS

On the balance of probabilities the 4 November 1998 workplace accident was a substantial contributing cause of the Applicant's present nocturnal seizures; there was no reliable evidence of pre‑1998 seizures attributable to the 1982 craniotomy and, in any event, under the Ordinance apportionment for pre‑existing conditions is not permitted unless the pre‑existing condition is the sole cause. The Applicant's pre‑accident daily wage was found to be HK$600 (monthly HK$12,828). Loss of earning capacity was assessed at 35% (30% for seizures analogous to loss of hearing in one ear plus 5% for headache). The Employees Compensation Board assessment of 28 April 2000 is set aside and judgment...

Citation
CHEUNG WING TAN v. GOLDWOOD ENGINEERING LTD. AND OTHERS
Parties
Applicant: Cheung Wing Tan; 1st Respondent: Goldwood Engineering Limited; 2nd Respondent: Yuen Po Kuen and Yuen Chung Yuen Edward trading as Yick Hing Construction Company
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 October 2001
Case Number
DCEC445/2000
Procedural Posture
Employees Compensation Claim Under the Employees Compensation Ordinance, Cap.282 / Assessment Hearing Judgment
Outcome
Judgment for the Applicant
Legal Topics
Employees Compensation, Causation (balance of Probabilities), Loss of Earning Capacity Assessment, Pre‑existing Condition and Apportionment, Weight of Medical Evidence, Proof of Earnings
Source Language
EN
Employment Law Personal Injury Occupational Health Insurance (statutory No‑fault Scheme) Evidence Law Employees Compensation Causation (balance of Probabilities) Loss of Earning Capacity Assessment +3 more

Case Brief

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Parties

Cheung Wing Tan

Applicant

Goldwood Engineering Limited

1st Respondent

Yuen Po Kuen and Yuen Chung Yuen Edward trading as Yick Hing Construction Company

2nd Respondent

Procedural Posture

Employees Compensation Claim Under the Employees Compensation Ordinance, Cap.282 / Assessment Hearing Judgment

Legal Issues

  1. 1 Whether the 1998 workplace accident substantially contributed to the Applicant's current seizures
  2. 2 Whether pre‑existing condition (1982 craniotomy) was sole or contributing cause and whether apportionment is permitted under the Ordinance
  3. 3 Proper assessment of pre‑accident earnings

Ratio Decidendi

On the balance of probabilities the 4 November 1998 workplace accident was a substantial contributing cause of the Applicant's present nocturnal seizures; there was no reliable evidence of pre‑1998 seizures attributable to the 1982 craniotomy and, in any event, under the Ordinance apportionment for pre‑existing conditions is not permitted unless the pre‑existing condition is the sole cause. The Applicant's pre‑accident daily wage was found to be HK$600 (monthly HK$12,828). Loss of earning capacity was assessed at 35% (30% for seizures analogous to loss of hearing in one ear plus 5% for headache). The Employees Compensation Board assessment of 28 April 2000 is set aside and judgment...

Court Disposition

Judgment for the Applicant

Orders

  • Set aside Employees Compensation (Ordinary Assessment) Board assessment dated 28 April 2000
  • Judgment for the Applicant in the sum of HK$361,181.41