LAU KA SHUI v. YIU WING CONSTRUCTION CO LTD AND ANOTHER

LAU KA SHUI v. YIU WING CONSTRUCTION CO LTD AND ANOTHER

Judge accepted applicant's unchallenged evidence that he worked 28 days/month at $410/day and therefore calculated monthly earnings of $11,480 for Section 10; found applicant permanently totally incapacitated and in need of non‑intermittent constant attention for essential actions of life, entitling him to Section 8...

Source-derived case information.

Citation
LAU KA SHUI v. YIU WING CONSTRUCTION CO LTD AND ANOTHER
Parties
Applicant: LAU KA SHUI; 1st Respondent: YIU WING CONSTRUCTION CO. LTD.; 2nd Respondent: CHENG WAI
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 September 1991
Case Number
DCEC129/1990
Procedural Posture
Employees Compensation / Judgment After Hearing
Outcome
Judgment for Applicant
Legal Topics
Employees Compensation Ordinance, Constant Attendance (section 8), Loss of Earning Capacity (section 7), Monthly Earnings Calculation (section 10), Medical Expenses (section 11)
Source Language
en
Employment Compensation Personal Injury Social Security Law Civil Procedure Employees Compensation Ordinance Constant Attendance (section 8) Loss of Earning Capacity (section 7) Monthly Earnings Calculation (section 10) +1 more

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Parties

LAU KA SHUI

Applicant

YIU WING CONSTRUCTION CO. LTD.

1st Respondent

CHENG WAI

2nd Respondent

Procedural Posture

Employees Compensation / Judgment After Hearing

Legal Issues

  1. 1 How to calculate monthly earnings under Section 10 for a daily casual worker
  2. 2 Whether applicant is entitled to compensation for constant attendance under Section 8
  3. 3 Appropriate quantum given statutory maxima and prior periodical payments

Ratio Decidendi

Judge accepted applicant's unchallenged evidence that he worked 28 days/month at $410/day and therefore calculated monthly earnings of $11,480 for Section 10; found applicant permanently totally incapacitated and in need of non‑intermittent constant attention for essential actions of life, entitling him to Section 8 compensation up to the statutory maximum; awarded statutory Section 7 maximum for 100% loss of earning capacity; deducted prior periodical payments and awarded interest and costs accordingly.

Court Disposition

Judgment for Applicant

Orders

  • Judgment entered for the Applicant in the sum of HK$637,810 representing total awards less prior payments
  • Award of statutory maximum under Section 7: HK$394,000