LAW HON WA 對 BEST OF THE BEST INDUSTRIAL CO LTD

LAW HON WA 對 BEST OF THE BEST INDUSTRIAL CO LTD

Court accepted applicant's evidence and Form 9 as conclusive on sick leave period and permanent loss percentage; used applicant's asserted monthly income but applied Schedule 6 cap of HK$28,360; applied s9(1)(b) to compute permanent partial loss (HK$95,290); exercised discretion under s10(5) to extend temporary...

Source-derived case information.

Citation
[2022] HKDC 250
Parties
Applicant: LAW HON WA; Respondent: BEST OF THE BEST INDUSTRIAL COMPANY LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 April 2022
Case Number
DCEC1534/2020
Procedural Posture
Employees' Compensation Claim / Assessment of Compensation After Liability Determined
Outcome
Compensation awarded to applicant in the total sum of HK$212,446; interest and costs awarded in favour of applicant.
Legal Topics
Compensation Assessment, Temporary Incapacity, Permanent Loss of Earning Capacity, Medical Expenses, Interest on Awards, Costs
Source Language
ch
Workers' Compensation Employment Law Personal Injury Statutory Interpretation Compensation Assessment Temporary Incapacity Permanent Loss of Earning Capacity Medical Expenses +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 6 Authorities cited 3 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

LAW HON WA

Applicant

BEST OF THE BEST INDUSTRIAL COMPANY LIMITED

Respondent

Procedural Posture

Employees' Compensation Claim / Assessment of Compensation After Liability Determined

  1. 1 Proper monthly income to be used for assessment
  2. 2 Applicability of s9(1)(b) for permanent partial loss and use of Schedule 6 cap
  3. 3 Calculation and temporal limit of s10 temporary incapacity payments and scope for extension under s10(5)

Ratio Decidendi

Court accepted applicant's evidence and Form 9 as conclusive on sick leave period and permanent loss percentage; used applicant's asserted monthly income but applied Schedule 6 cap of HK$28,360; applied s9(1)(b) to compute permanent partial loss (HK$95,290); exercised discretion under s10(5) to extend temporary incapacity period to 844 days, computed s10 award and set off employer's periodical payments leading to net s10 award of HK$94,571; limited medical expenses to Schedule 3 amount HK$22,585; awarded total compensation HK$212,446 plus statutory interest and costs to applicant.

Court Disposition

Compensation awarded to applicant in the total sum of HK$212,446; interest and costs awarded in favour of applicant.

Orders

  • Respondent to pay the applicant HK$212,446 as assessed compensation.
  • Interest on the award to run from 25/8/2018 to judgment at half the statutory judgment debt rate and thereafter at the full statutory judgment debt rate until payment.