CHAN KI HO v. 陳國强以中南倉公司之名經營

CHAN KI HO v. 陳國强以中南倉公司之名經營

The court allowed the applicant's appeal under s18, accepting the uncontested expert opinion that loss of earning capacity is 6% (not 5%), accepted the applicant's unchallenged evidence of HK$6,000 monthly income, computed statutory awards under ss9,10,10A accordingly and ordered respondent to pay HK$92,820 plus interest and costs.

Citation
CHAN KI HO v. 陳國强以中南倉公司之名經營
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 January 2008
Case Number
DCEC698/2006
Procedural Posture
Employees Compensation Claim Under Employees Compensation Ordinance Cap.282 / Assessment of Compensation Following Judgment on Liability
Outcome
Appeal allowed; compensation awarded to applicant
Legal Topics
Compensation Assessment, Loss of Earning Capacity, Medical Expenses, Interest on Judgment, Costs
Source Language
EN
Employment Law Personal Injury Workers' Compensation Compensation Assessment Loss of Earning Capacity Medical Expenses Interest on Judgment Costs

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Procedural Posture

Employees Compensation Claim Under Employees Compensation Ordinance Cap.282 / Assessment of Compensation Following Judgment on Liability

Legal Issues

  1. 1 Whether to allow appeal against Employees Compensation Assessment Board's 5% loss of earning capacity finding
  2. 2 Determination of loss of earning capacity percentage
  3. 3 Calculation of section 9 compensation (loss of future earnings)

Ratio Decidendi

The court allowed the applicant's appeal under s18, accepting the uncontested expert opinion that loss of earning capacity is 6% (not 5%), accepted the applicant's unchallenged evidence of HK$6,000 monthly income, computed statutory awards under ss9,10,10A accordingly and ordered respondent to pay HK$92,820 plus interest and costs.

Court Disposition

Appeal allowed; compensation awarded to applicant

Orders

  • Respondent shall pay the Applicant HK$92,820 as compensation
  • Interest on HK$92,820 at half judgment rate from date of accident (26 January 2005) to date of judgment (2 January 2008) and thereafter at the judgment rate until payment