CHUI KWOK YEUNG 對 WONG LIN TAK t/a KAM CHEONG ENG. CO.

CHUI KWOK YEUNG 對 WONG LIN TAK t/a KAM CHEONG ENG. CO.

The court accepted the applicant's credible and corroborated evidence (including text messages and records) and rejected the respondent's inconsistent and unconvincing testimony, finding both accidents occurred in the course of employment; the court applied the committee's assessments (2% permanent loss, 650 days...

Source-derived case information.

Citation
[2020] HKDC 631
Parties
Applicant: CHUI KWOK YEUNG; Respondent: WONG LIN TAK trading as KAM CHEONG ENG. CO.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 August 2020
Case Number
DCEC18/2017
Procedural Posture
Employees' Compensation / Trial Judgment
Outcome
Applicant's claim allowed; respondent liable to pay statutory compensation and costs.
Legal Topics
Workplace Injury, Compensation Assessment, Credibility of Witnesses, Calculation of Statutory Awards, Interest and Costs
Source Language
ch
Employment Law Workers' Compensation Personal Injury Evidence Workplace Injury Compensation Assessment Credibility of Witnesses Calculation of Statutory Awards +1 more

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Parties

CHUI KWOK YEUNG

Applicant

WONG LIN TAK trading as KAM CHEONG ENG. CO.

Respondent

Procedural Posture

Employees' Compensation / Trial Judgment

  1. 1 Whether the injuries on 12 and 13 January 2015 arose out of and in the course of employment
  2. 2 Whether the respondent employer is liable under the Employees' Compensation Ordinance (Cap. 284)
  3. 3 Assessment and calculation of compensation under sections 9, 10 and 10A

Ratio Decidendi

The court accepted the applicant's credible and corroborated evidence (including text messages and records) and rejected the respondent's inconsistent and unconvincing testimony, finding both accidents occurred in the course of employment; the court applied the committee's assessments (2% permanent loss, 650 days incapacity) and statutory formulas under ss.9,10,10A to compute awards, less amounts already paid, with interest and costs to the successful party.

Court Disposition

Applicant's claim allowed; respondent liable to pay statutory compensation and costs.

Orders

  • Respondent to pay HKD35,568 under section 9
  • Respondent to pay HKD428,133 under section 10