黎同悅 對 黎傳安經營建業裝修工程公司

黎同悅 對 黎傳安經營建業裝修工程公司

Court accepted respondent's evidence over applicant's inconsistent recollection and WhatsApp records, fixed average employment at 12 days per month at HK$1,200/day yielding monthly earnings HK$14,400; applied multiplier 96 and assessed 0.5% permanent loss to award HK$6,912 under s9, awarded HK$49,920 under s10 for...

Source-derived case information.

Citation
[2023] HKDC 303
Parties
Applicant: LAI TUNG YUET (黎同悅); Respondent: 黎傳安經營建業裝修工程公司
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
20 March 2023
Case Number
DCEC680/2021
Procedural Posture
Employees' Compensation Claim / Assessment Hearing and Judgment
Outcome
Judgment for Applicant in respect of compensation and costs; respondent ordered to pay specified sums with interest.
Legal Topics
Calculation of Monthly Earnings, Compensation Assessment, Medical Expenses, Interest, Costs
Source Language
ch
Employment Law Workers' Compensation Personal Injury Calculation of Monthly Earnings Compensation Assessment Medical Expenses Interest Costs

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Parties

LAI TUNG YUET (黎同悅)

Applicant

黎傳安經營建業裝修工程公司

Respondent

Procedural Posture

Employees' Compensation Claim / Assessment Hearing and Judgment

  1. 1 Proper method to calculate monthly earnings under s11(1) of the Employees' Compensation Ordinance
  2. 2 Credibility of claimed working days and evidence
  3. 3 Calculation of compensation under s9 and s10 and payment of medical expenses under s10A

Ratio Decidendi

Court accepted respondent's evidence over applicant's inconsistent recollection and WhatsApp records, fixed average employment at 12 days per month at HK$1,200/day yielding monthly earnings HK$14,400; applied multiplier 96 and assessed 0.5% permanent loss to award HK$6,912 under s9, awarded HK$49,920 under s10 for 130 days' sick leave, allowed medical expenses HK$495, offset HK$600 partial payment and ordered total payment of HK$56,727 with interest and costs ordered to respondent.

Court Disposition

Judgment for Applicant in respect of compensation and costs; respondent ordered to pay specified sums with interest.

Orders

  • Respondent to pay Applicant HK$56,727 (HK$6,912 + HK$49,920 + HK$495 - HK$600).
  • Interest payable from date of accident (30 March 2020) to date of judgment at half the court rate and thereafter at the full court rate until payment in full.