LAO JIANMING v. HOMY DECORATION LTD AND OTHERS

LAO JIANMING v. HOMY DECORATION LTD AND OTHERS

Accepting the admitted daily wage of HK$1,500 and 26 working days per month, monthly earnings were HK$39,000; for s9 the statutory earnings limit of HK$30,530 applied, multiplied by 96 months and the Board's certified 12% loss produced HK$351,705.60; s10 was calculated from certified 244 days' absence producing...

Source-derived case information.

Citation
[2022] HKDC 797
Parties
Applicant: Lao Jianming; 1st Respondent: Homy Decoration Limited; 2nd Respondent: Chan Ho Pang; 3rd Respondent: Amigo Global Group Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 August 2022
Case Number
DCEC2778/2019
Procedural Posture
Employees' Compensation / Assessment of Compensation (trial)
Outcome
Applicant awarded net compensation of HK$568,685.60 together with interest and costs as ordered.
Legal Topics
Workers' Compensation, Assessment of Loss of Earning Capacity, Interest and Costs, Statutory Earnings Cap
Source Language
en
Employment Law Personal Injury Civil Procedure Workers' Compensation Assessment of Loss of Earning Capacity Interest and Costs Statutory Earnings Cap

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 1 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

Lao Jianming

Applicant

Homy Decoration Limited

1st Respondent

Chan Ho Pang

2nd Respondent

Amigo Global Group Limited

3rd Respondent

Procedural Posture

Employees' Compensation / Assessment of Compensation (trial)

Legal Issues

  1. 1 Computation of rate of remuneration under s11(2) ECO when employment short/casual
  2. 2 Application of statutory earnings limit (Sixth Schedule) to s9 assessment
  3. 3 Calculation of s9 compensation using multiplier and Board percentage

Ratio Decidendi

Accepting the admitted daily wage of HK$1,500 and 26 working days per month, monthly earnings were HK$39,000; for s9 the statutory earnings limit of HK$30,530 applied, multiplied by 96 months and the Board's certified 12% loss produced HK$351,705.60; s10 was calculated from certified 244 days' absence producing HK$253,760; s10A medical expenses HK$2,220; after crediting partial payment HK$39,000 the net award is HK$568,685.60; interest and costs were awarded accordingly.

Court Disposition

Applicant awarded net compensation of HK$568,685.60 together with interest and costs as ordered.

Orders

  • 3rd respondent to pay the applicant compensation in the sum of HK$568,685.60 (net)
  • 3rd respondent to pay interest at half judgment rate from 19 June 2019 to date of judgment and at judgment rate thereafter until payment