KAUR PARAMJIT v. LI ON NA t/a 新長發快餐

KAUR PARAMJIT v. LI ON NA t/a 新長發快餐

Adopt expert medical evidence (Dr Wong) that applicant suffered a 5% loss of earning capacity; use agreed monthly earnings of HKD 7,958 to calculate s9 permanent partial incapacity and s10 temporary loss for 11 months; allow medical expenses under s10A; deduct advance payment; award total HKD 90,064 with interest and costs.

Citation
KAUR PARAMJIT v. LI ON NA t/a 新長發快餐
Parties
Applicant: Kaur Paramjit; Respondent: Li On Na
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 October 2013
Case Number
DCEC1479/2012
Procedural Posture
Employees Compensation Claim Under Employees Compensation Ordinance / Assessment of Compensation (liability Previously Determined)
Outcome
Judgment for applicant. Compensation assessed at HKD 90,064 payable by respondent, with interest and costs ordered.
Legal Topics
Employees Compensation Ordinance, Assessment of Damages, Loss of Earning Capacity, Medical Expenses, Interest, Costs
Source Language
EN
Employment Law Personal Injury Workers' Compensation Employees Compensation Ordinance Assessment of Damages Loss of Earning Capacity Medical Expenses Interest +1 more

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Parties

Kaur Paramjit

Applicant

Li On Na

Respondent

Procedural Posture

Employees Compensation Claim Under Employees Compensation Ordinance / Assessment of Compensation (liability Previously Determined)

Legal Issues

  1. 1 Appropriate percentage for loss of earning capacity
  2. 2 Calculation of compensation under sections 9, 10 and 10A of the Ordinance
  3. 3 Recovery of medical expenses

Ratio Decidendi

Adopt expert medical evidence (Dr Wong) that applicant suffered a 5% loss of earning capacity; use agreed monthly earnings of HKD 7,958 to calculate s9 permanent partial incapacity and s10 temporary loss for 11 months; allow medical expenses under s10A; deduct advance payment; award total HKD 90,064 with interest and costs.

Court Disposition

Judgment for applicant. Compensation assessed at HKD 90,064 payable by respondent, with interest and costs ordered.

Orders

  • Respondent to pay the applicant HKD 90,064 as compensation together with interest at half judgment rate from 5 January 2012 until this judgment and thereafter at judgment rate until payment in full.
  • Respondent to pay the costs of the assessment of compensation; such costs to be taxed if not agreed.