LAI YUEN HING v. LO CHI HUNG TRADING AS KAM HUNG CONSTRUCTION CO. AND ANOTHER

LAI YUEN HING v. LO CHI HUNG TRADING AS KAM HUNG CONSTRUCTION CO. AND ANOTHER

On the evidence the court preferred the respondents' medical evidence and lay evidence that the applicant returned to substantial work after the accident. The accident caused, at most, minimal residual symptoms; permanent loss of earning capacity assessed at 1%. Sick leave from May 1999 onward was largely not caused by the accident; s.10(2) is a non-rebuttable deeming of incapacity where certified but s.10(1) requires the incapacity to result from the injury. Limited periodical payments allowed (14 days immediately post-accident and two days per month from 17 May 1999 to 14 April 2000). Aggregate statutory awards amounted to HKD 30,764 but credit of HKD 108,700 already paid resulted in no...

Citation
LAI YUEN HING v. LO CHI HUNG TRADING AS KAM HUNG CONSTRUCTION CO. AND ANOTHER
Parties
Applicant: Lai Yuen Hing; 1st Respondent: Lo Chi Hung trading as Kam Hung Construction Co.; 2nd Respondent: Gammon Construction Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 December 2002
Case Number
DCEC14/2000
Procedural Posture
Employees Compensation Ordinance (cap.282) Claim / District Court Judgment After Trial on Quantum
Outcome
Application dismissed; no award to applicant after credit for prior payments; costs awarded to respondents
Legal Topics
Employees Compensation Ordinance, Loss of Earning Capacity, Temporary Incapacity Payments, Medical Expenses, Causation, Appeal Against Assessment
Source Language
EN
Employment Law Personal Injury Workers' Compensation Civil Procedure Employees Compensation Ordinance Loss of Earning Capacity Temporary Incapacity Payments Medical Expenses +2 more

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Parties

Lai Yuen Hing

Applicant

Lo Chi Hung trading as Kam Hung Construction Co.

1st Respondent

Gammon Construction Limited

2nd Respondent

Procedural Posture

Employees Compensation Ordinance (cap.282) Claim / District Court Judgment After Trial on Quantum

Legal Issues

  1. 1 Whether the injury caused permanent partial incapacity
  2. 2 Proper measure of loss of earning capacity under s.9
  3. 3 Entitlement to periodical payments under s.10 and effect of s.10(2) deeming provision

Ratio Decidendi

On the evidence the court preferred the respondents' medical evidence and lay evidence that the applicant returned to substantial work after the accident. The accident caused, at most, minimal residual symptoms; permanent loss of earning capacity assessed at 1%. Sick leave from May 1999 onward was largely not caused by the accident; s.10(2) is a non-rebuttable deeming of incapacity where certified but s.10(1) requires the incapacity to result from the injury. Limited periodical payments allowed (14 days immediately post-accident and two days per month from 17 May 1999 to 14 April 2000). Aggregate statutory awards amounted to HKD 30,764 but credit of HKD 108,700 already paid resulted in no...

Court Disposition

Application dismissed; no award to applicant after credit for prior payments; costs awarded to respondents

Orders

  • No award to applicant; application dismissed
  • Credit of HKD 108,700 applied against any assessed compensation