CHING CHUEN KAM 對 LUI TING POR t/a POR KEE ENGINEERING CO 及另二人

CHING CHUEN KAM 對 LUI TING POR t/a POR KEE ENGINEERING CO 及另二人

Claimant found unreliable; contemporaneous medical records, independent expert joint reports and surveillance establish a pre-existing chronic lumbar condition and that the accident caused only a minor lumbar strain; experts conclude recovery within six months and minimal permanent impairment; court assessed...

Source-derived case information.

Citation
[2018] HKDC 151
Parties
Applicant: CHING CHUEN KAM; First Respondent: LUI TING POR trading as POR KEE ENGINEERING CO; Second Respondent: TIEN SHAN ENGINEERING LIMITED; Third Respondent: PAT DAVIE LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 February 2018
Case Number
DCEC1343/2013
Procedural Posture
Employees' Compensation Claim / Assessment of Compensation (quantum Hearing)
Outcome
Application dismissed as claimant had already received payments in excess of the assessed entitlement
Legal Topics
Compensation Assessment, Causation, Medical Evidence, Expert Evidence, Overpayment Recovery, Costs
Source Language
ch
Labour Law Personal Injury Workers' Compensation Compensation Assessment Causation Medical Evidence Expert Evidence Overpayment Recovery +1 more

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Summary, issues, holding and outcome

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Parties

CHING CHUEN KAM

Applicant

LUI TING POR trading as POR KEE ENGINEERING CO

First Respondent

TIEN SHAN ENGINEERING LIMITED

Second Respondent

PAT DAVIE LIMITED

Third Respondent

Procedural Posture

Employees' Compensation Claim / Assessment of Compensation (quantum Hearing)

Legal Issues

  1. 1 Whether the claimant's ongoing symptoms were caused by the workplace accident on 23 April 2012
  2. 2 Appropriate percentage loss of earning capacity for permanent partial disability under s9
  3. 3 Duration of temporary incapacity and entitlement under s10(2)

Ratio Decidendi

Claimant found unreliable; contemporaneous medical records, independent expert joint reports and surveillance establish a pre-existing chronic lumbar condition and that the accident caused only a minor lumbar strain; experts conclude recovery within six months and minimal permanent impairment; court assessed permanent loss at 2%, temporary incapacity at 6 months and medical expenses for six months, calculated statutory awards totalling HK$148,864 but dismissed the application because claimant had already received HK$444,889 exceeding entitlement; respondents entitled to costs.

Court Disposition

Application dismissed as claimant had already received payments in excess of the assessed entitlement

Orders

  • Assessment of compensation: s9 award HK$33,696
  • Assessment of compensation: s10 award HK$112,320