KASHIF MUNIR v. HENG FAI GEOG. & CONST CO LTD AD ANOTHER

KASHIF MUNIR v. HENG FAI GEOG. & CONST CO LTD AD ANOTHER

Court accepted applicant had abdominal contusion and mild soft tissue back injury but found the applicant exaggerated symptoms; accepted Dr Chan's opinion (DRE category I, 2% whole person impairment) over Dr Lam; allowed appeal against Form 7, assessed loss of earning capacity at 3%, upheld sick leave assessment in Form 7 (413 days), awarded statutory sums under sections 9, 10 and 10A totalling HKD150,005.74 less advances, with net judgment HKD61,005.74 plus interest and costs nisi.

Citation
KASHIF MUNIR v. HENG FAI GEOG. & CONST CO LTD AD ANOTHER
Parties
Applicant: Kashif Munir; 1st Respondent: Heng Fai Geog. & Const. Co. Limited; 2nd Respondent: Hsin Chong Construction Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 April 2008
Case Number
DCEC401/2006
Procedural Posture
Employees Compensation / Assessment of Compensation; Judgment on Quantum and Sick Leave
Outcome
Assessment awarded in favour of Applicant; judgment entered for net sum due after deducting advances; costs to follow event (costs order nisi).
Legal Topics
Compensation Assessment, Loss of Earning Capacity, Medical Expert Evidence, Credibility and Surveillance Evidence, Sick Leave Period
Source Language
EN
Employees' Compensation Personal Injury Employment Law Compensation Assessment Loss of Earning Capacity Medical Expert Evidence Credibility and Surveillance Evidence Sick Leave Period

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Parties

Kashif Munir

Applicant

Heng Fai Geog. & Const. Co. Limited

1st Respondent

Hsin Chong Construction Company Limited

2nd Respondent

Procedural Posture

Employees Compensation / Assessment of Compensation; Judgment on Quantum and Sick Leave

Legal Issues

  1. 1 Whether applicant suffered compensable abdominal and/or back injury arising out of employment
  2. 2 Credibility of applicant's evidence including alleged exaggeration and non-organic pain behaviour
  3. 3 Proper medical impairment rating and causation for loss of earning capacity

Ratio Decidendi

Court accepted applicant had abdominal contusion and mild soft tissue back injury but found the applicant exaggerated symptoms; accepted Dr Chan's opinion (DRE category I, 2% whole person impairment) over Dr Lam; allowed appeal against Form 7, assessed loss of earning capacity at 3%, upheld sick leave assessment in Form 7 (413 days), awarded statutory sums under sections 9, 10 and 10A totalling HKD150,005.74 less advances, with net judgment HKD61,005.74 plus interest and costs nisi.

Court Disposition

Assessment awarded in favour of Applicant; judgment entered for net sum due after deducting advances; costs to follow event (costs order nisi).

Orders

  • Section 9 award HK$30,878.41
  • Section 10 award HK$118,081.33