HO KIN SHING v. WONG FUNG KWAI AND OTHERS

HO KIN SHING v. WONG FUNG KWAI AND OTHERS

The court held the Board's settlement is binding under ECAO s.28(1) and Wo Chun Wah; accepted monthly earnings of HK$20,800; adopted a combined loss of earning capacity midpoint of 12.1% and 36 months sick leave; applied multiplier 72 for age 51; computed statutory awards as HK$181,209.60 (s.9), HK$599,040.00 (s.10)...

Source-derived case information.

Citation
[2021] HKDC 1032
Parties
Applicant: Ho Kin Shing; 1st Respondent: Wong Fung Kwai; 2nd Respondent: 2nd Respondent; 3rd Respondent (the Board): Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 August 2021
Case Number
DCEC493/2012
Procedural Posture
Employees Compensation / Assessment Hearing (post‑liability Trial)
Outcome
Employees compensation assessed at HK$785,249.60 plus interest; no order as to costs between Applicant and the Board; Applicant entitled to costs against the 2nd Respondent subject to exclusions.
Legal Topics
Compensation Assessment, Settlement Agreement With Statutory Fund, Loss of Earning Capacity, Costs Allocation, Interest on Judgment
Source Language
en
Employment Law Personal Injury Workers' Compensation Administrative Law Compensation Assessment Settlement Agreement With Statutory Fund Loss of Earning Capacity Costs Allocation +1 more

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Parties

Ho Kin Shing

Applicant

Wong Fung Kwai

1st Respondent

2nd Respondent

2nd Respondent

Employees Compensation Assistance Fund Board

3rd Respondent (the Board)

Procedural Posture

Employees Compensation / Assessment Hearing (post‑liability Trial)

Legal Issues

  1. 1 Whether settlement between applicant and Board under ECAO s.28(1) is binding despite subsequent judgment
  2. 2 Proper calculation of monthly earnings and loss of earning capacity for quantum
  3. 3 Appropriate multiplier and sick leave period for compensation under s.9 and s.10

Ratio Decidendi

The court held the Board's settlement is binding under ECAO s.28(1) and Wo Chun Wah; accepted monthly earnings of HK$20,800; adopted a combined loss of earning capacity midpoint of 12.1% and 36 months sick leave; applied multiplier 72 for age 51; computed statutory awards as HK$181,209.60 (s.9), HK$599,040.00 (s.10) and HK$5,000.00 (s.10A) totalling HK$785,249.60; awarded interest at half‑judgment rate from date of accident to judgment and judgment rate thereafter; ordered no costs between applicant and Board and permitted costs against the 2nd respondent excluding costs attributable to prosecution against the 1st respondent.

Court Disposition

Employees compensation assessed at HK$785,249.60 plus interest; no order as to costs between Applicant and the Board; Applicant entitled to costs against the 2nd Respondent subject to exclusions.

Orders

  • Employees compensation assessed at HK$785,249.60 plus interest at half judgment rate from the date of the accident to the date of the judgment, and thereafter at judgment rate until payment
  • No order as to costs between the Applicant and the Board