LAM WING CHING v. JUN CHENG LOGISTICS LTD AND ANOTHER

LAM WING CHING v. JUN CHENG LOGISTICS LTD AND ANOTHER

Court accepted the applicant's average earnings of HK$29,075, treated the unappealed Form 7 as binding, applied the statutory multiplier (48 months) and statutory maximum HK$28,360 for s9 to compute HK$40,838.40, computed s10 temporary incapacity award for 259 certified days as HK$200,811.33, added medical expenses HK$1,270, deducted HK$780 received, and ordered interest and costs accordingly.

Citation
[2021] HKDC 1407
Parties
Applicant: Lam Wing Ching; 1st Respondent: Jun Cheng Logistics Limited; 2nd Respondent: 深圳市駿成物流有限公司
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 November 2021
Case Number
DCEC527/2020
Procedural Posture
Employees' Compensation / Assessment of Compensation (post Interlocutory Judgment on Liability)
Outcome
Judgment for Applicant against 1st and 2nd Respondents in the sum of HK$242,139.73 with interest and costs as ordered.
Legal Topics
Employees' Compensation Ordinance, Assessment of Damages, Loss of Earnings, Medical Expenses, Interest, Costs
Source Language
EN
Employment Law Personal Injury Statutory Compensation Tort Employees' Compensation Ordinance Assessment of Damages Loss of Earnings Medical Expenses +2 more

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Parties

Lam Wing Ching

Applicant

Jun Cheng Logistics Limited

1st Respondent

深圳市駿成物流有限公司

2nd Respondent

Procedural Posture

Employees' Compensation / Assessment of Compensation (post Interlocutory Judgment on Liability)

Legal Issues

  1. 1 Determination of appropriate earnings for s11 calculation
  2. 2 Binding effect of Form 7 assessment by Employees' Compensation Board
  3. 3 Application of statutory multiplier and statutory maximum under s7

Ratio Decidendi

Court accepted the applicant's average earnings of HK$29,075, treated the unappealed Form 7 as binding, applied the statutory multiplier (48 months) and statutory maximum HK$28,360 for s9 to compute HK$40,838.40, computed s10 temporary incapacity award for 259 certified days as HK$200,811.33, added medical expenses HK$1,270, deducted HK$780 received, and ordered interest and costs accordingly.

Court Disposition

Judgment for Applicant against 1st and 2nd Respondents in the sum of HK$242,139.73 with interest and costs as ordered.

Orders

  • Judgment entered for the Applicant against the 1st and 2nd Respondents in the sum of HK$242,139.73
  • Interest at half the judgment rate from 23 April 2018 to date of judgment and thereafter at judgment rate until payment in full