LAM CHI KEUNG v. KIN SHING CONSTRUCTION CO LTD AND OTHERS

LAM CHI KEUNG v. KIN SHING CONSTRUCTION CO LTD AND OTHERS

Judge found the applicant not a reliable witness due to multiple material inconsistencies and absence of independent corroboration; concluded the injury did not arise out of and in the course of employment with Chiu Wai and accordingly dismissed the employees' compensation application; alternatively, if overturned on appeal, judge assessed monthly earnings at HK$12,000 and would extend sick leave to three years and quantify compensation accordingly.

Citation
LAM CHI KEUNG v. KIN SHING CONSTRUCTION CO LTD AND OTHERS
Parties
Applicant: Lam Chi Keung; 1st Respondent: Kin Shing Construction Company Limited; 2nd Respondent: Asia Construction Co., Limited; 3rd Respondent: The Ming An Insurance Co. (HK) Ltd.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 June 2007
Case Number
DCEC1375/2004
Procedural Posture
Employees Compensation / Judgment
Outcome
Application dismissed
Legal Topics
Course of Employment, Assessment of Earnings, Extension of Sick Leave, Credibility and Evidence, Statutory Compensation Calculation
Source Language
EN
Employment Law Personal Injury Workers' Compensation Insurance Construction/site Liability Course of Employment Assessment of Earnings Extension of Sick Leave +2 more

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Parties

Lam Chi Keung

Applicant

Kin Shing Construction Company Limited

1st Respondent

Asia Construction Co., Limited

2nd Respondent

The Ming An Insurance Co. (HK) Ltd.

3rd Respondent

Procedural Posture

Employees Compensation / Judgment

Legal Issues

  1. 1 Whether the accident occurred in the course of employment
  2. 2 Whether the applicant's basic monthly salary was $20,000 or $12,000
  3. 3 Whether to extend sick leave to three years under section 10(5) Cap. 282

Ratio Decidendi

Judge found the applicant not a reliable witness due to multiple material inconsistencies and absence of independent corroboration; concluded the injury did not arise out of and in the course of employment with Chiu Wai and accordingly dismissed the employees' compensation application; alternatively, if overturned on appeal, judge assessed monthly earnings at HK$12,000 and would extend sick leave to three years and quantify compensation accordingly.

Court Disposition

Application dismissed

Orders

  • Application dismissed.
  • Costs of this application to the 1st, 2nd and 3rd Respondents to be paid by the Applicant and to be taxed if not agreed.