HAIDER ALI v. SUPREME LAUNDRY LTD

HAIDER ALI v. SUPREME LAUNDRY LTD

Court accepted Dr Lee's evidence that the applicant has 3% loss of earning capacity, increased the MAB assessment from 1% to 3%, and awarded statutory compensation calculated under s9(1)(b), s10 and s10A accordingly, with interest and costs.

Citation
[2019] HKDC 1600
Parties
Applicant: Haider Ali; Respondent: Supreme Laundry Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 December 2019
Case Number
DCEC1937/2016
Procedural Posture
Employees' Compensation / Assessment of Damages
Outcome
Awarded employees' compensation of HK$230,212 to applicant; interest ordered; costs awarded to applicant to be taxed if not agreed.
Legal Topics
Loss of Earning Capacity, Medical Assessment, Calculation of Statutory Compensation, Interest, Costs
Source Language
EN
Employment Law Personal Injury Workers' Compensation Loss of Earning Capacity Medical Assessment Calculation of Statutory Compensation Interest Costs

Case Brief

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Parties

Haider Ali

Applicant

Supreme Laundry Limited

Respondent

Procedural Posture

Employees' Compensation / Assessment of Damages

Legal Issues

  1. 1 Whether the Medical Assessment Board's 1% assessment of loss of earning capacity was adequate
  2. 2 Proper assessment of loss of earning capacity and applicable percentage
  3. 3 Calculation of compensation under s9(1)(b), s10 and s10A of the Employees' Compensation regime

Ratio Decidendi

Court accepted Dr Lee's evidence that the applicant has 3% loss of earning capacity, increased the MAB assessment from 1% to 3%, and awarded statutory compensation calculated under s9(1)(b), s10 and s10A accordingly, with interest and costs.

Court Disposition

Awarded employees' compensation of HK$230,212 to applicant; interest ordered; costs awarded to applicant to be taxed if not agreed.

Orders

  • Award employees' compensation to applicant in the sum of HK$230,212.
  • Interest at half judgment rate from date of the accident to date of judgment.