KWOK KWAN LAM v. LAI PO SING AND ANOTHER

KWOK KWAN LAM v. LAI PO SING AND ANOTHER

On the medical evidence and the applicant's demonstrated return to work with residual symptoms, the court allowed the appeal against the Medical Assessment Board and assessed loss of earning capacity at 4%, awarding statutory compensation under sections 9, 10 and 10A totaling $137,249, with interest and costs to the applicant.

Citation
KWOK KWAN LAM v. LAI PO SING AND ANOTHER
Parties
Applicant: Kwok Kwan Lam; 1st Respondent: Lai Po Sing; 2nd Respondent: Yick Ngai Logistics Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 December 2011
Case Number
DCEC8/2011
Procedural Posture
Employees Compensation / Assessment of Compensation (default Judgment on Liability)
Outcome
Judgment for applicant on assessment of compensation; liability previously entered by default; award of damages, interest and costs in favour of applicant
Legal Topics
Employees Compensation Ordinance, Assessment of Damages, Loss of Earning Capacity, Sick Leave Payments, Medical Expenses, Interest, Costs
Source Language
EN
Employment Personal Injury Compensation Employees Compensation Ordinance Assessment of Damages Loss of Earning Capacity Sick Leave Payments Medical Expenses +2 more

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Parties

Kwok Kwan Lam

Applicant

Lai Po Sing

1st Respondent

Yick Ngai Logistics Company Limited

2nd Respondent

Procedural Posture

Employees Compensation / Assessment of Compensation (default Judgment on Liability)

Legal Issues

  1. 1 Whether amount of permanent disability and loss of earning capacity should be assessed at 4% rather than Medical Assessment Board's 2%
  2. 2 Calculation of compensation payable under sections 9, 10 and 10A of the Employees Compensation Ordinance
  3. 3 Deduction of periodical payments already made

Ratio Decidendi

On the medical evidence and the applicant's demonstrated return to work with residual symptoms, the court allowed the appeal against the Medical Assessment Board and assessed loss of earning capacity at 4%, awarding statutory compensation under sections 9, 10 and 10A totaling $137,249, with interest and costs to the applicant.

Court Disposition

Judgment for applicant on assessment of compensation; liability previously entered by default; award of damages, interest and costs in favour of applicant

Orders

  • Pay $63,648 under section 9 (lump sum for permanent disability)
  • Pay $70,750 under section 10 (sick leave periodical payments after deduction of prior payments)