CHUNG SHEK NIN v. YAM KEE CONSTRUCTION CO LTD AND ANOTHER

CHUNG SHEK NIN v. YAM KEE CONSTRUCTION CO LTD AND ANOTHER

The court accepted the Medical Board's 7% loss of earning capacity given evidence of exaggeration and medical opinion, limited sick leave entitlement to the period up to 16/9/03 based on medical certificates and MMI findings, and applied the statutory formulae to compute awards, resulting in a net judgment for the Applicant of $89,093.52 plus interest and costs.

Citation
CHUNG SHEK NIN v. YAM KEE CONSTRUCTION CO LTD AND ANOTHER
Parties
Applicant: CHUNG SHEK NIN; 1st Respondent: YAM KEE CONSTRUCTION CO. LTD.; 2nd Respondent: PENTA-OCEAN KIER JOINT VENTURE O/B PENTA-OCEAN CONSTRUCTION CO. LTD HONG KONG BRANCH O/B KIER HONG KONG LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 April 2005
Case Number
DCEC1102/2003
Procedural Posture
Employees Compensation / Judgment (assessment of Compensation)
Outcome
Judgment for the Applicant for HKD 89,093.52 with interest at judgment rate from date of accident to date of judgment and thereafter at judgment rate; costs to Applicant (costs nisi) with certificate for Counsel; Applicant's own costs to be taxed in accordance with Legal Aid Regulations.
Legal Topics
Compensation Assessment, Medical Evidence and Credibility, Sick Leave Entitlement, Loss of Earning Capacity, Interest and Costs
Source Language
EN
Employment Law Personal Injury Workers' Compensation Compensation Assessment Medical Evidence and Credibility Sick Leave Entitlement Loss of Earning Capacity Interest and Costs

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Parties

CHUNG SHEK NIN

Applicant

YAM KEE CONSTRUCTION CO. LTD.

1st Respondent

PENTA-OCEAN KIER JOINT VENTURE O/B PENTA-OCEAN CONSTRUCTION CO. LTD HONG KONG BRANCH O/B KIER HONG KONG LIMITED

2nd Respondent

Procedural Posture

Employees Compensation / Judgment (assessment of Compensation)

Legal Issues

  1. 1 Assessment of compensation under Sections 9, 10 and 10A of the Employees Compensation Ordinance
  2. 2 Determination of loss of earning capacity
  3. 3 Extent and entitlement to sick leave payments

Ratio Decidendi

The court accepted the Medical Board's 7% loss of earning capacity given evidence of exaggeration and medical opinion, limited sick leave entitlement to the period up to 16/9/03 based on medical certificates and MMI findings, and applied the statutory formulae to compute awards, resulting in a net judgment for the Applicant of $89,093.52 plus interest and costs.

Court Disposition

Judgment for the Applicant for HKD 89,093.52 with interest at judgment rate from date of accident to date of judgment and thereafter at judgment rate; costs to Applicant (costs nisi) with certificate for Counsel; Applicant's own costs to be taxed in accordance with Legal Aid Regulations.

Orders

  • Judgment entered for the Applicant in the sum of HKD 89,093.52
  • Interest at judgment rate from date of accident to date of judgment and thereafter at judgment rate