LEE CHI CHING OWEN v. MOUNTAIN INDUSTRIAL DEVELOPMENT CO., LTD AND ANOTHER

LEE CHI CHING OWEN v. MOUNTAIN INDUSTRIAL DEVELOPMENT CO., LTD AND ANOTHER

The court found applicant unreliably evidenced and that it was impracticable to compute monthly earnings under s11(1)(b); applied s11(2), adopting a daily wage of HK$850 and 23 working days per month (monthly earnings HK$19,550), accepted 2% permanent loss, orthopaedic sick leave 285 days and psychiatric sick leave 90 days (total 375 days), applied multiplier 72 and awarded specified sums under ss9,10 and 10A together with interest and costs orders.

Citation
[2025] HKDC 1283
Parties
Applicant: Lee Chi Ching Owen; 1st Respondent: Mountain Industrial Development Co., Limited; 2nd Respondent: Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 July 2025
Case Number
DCEC2657/2021
Procedural Posture
Employees' Compensation / Assessment of Compensation
Outcome
Compensation awarded to applicant against 1st respondent (liability previously determined); total award HK$223,675.00; interest and costs orders made.
Legal Topics
Employees' Compensation Ordinance, Monthly Earnings Calculation, Sick Leave Duration, Loss of Earning Capacity, Medical Expenses, Interest, Costs
Source Language
EN
Employment Law Personal Injury Statutory Compensation Workers' Compensation Employees' Compensation Ordinance Monthly Earnings Calculation Sick Leave Duration Loss of Earning Capacity +3 more

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Parties

Lee Chi Ching Owen

Applicant

Mountain Industrial Development Co., Limited

1st Respondent

Employees Compensation Assistance Fund Board

2nd Respondent

Procedural Posture

Employees' Compensation / Assessment of Compensation

Legal Issues

  1. 1 Whether monthly earnings should be calculated under s11(1)(b) or s11(2) of the Employees' Compensation Ordinance
  2. 2 Appropriate duration of sick leave for orthopaedic and psychiatric conditions
  3. 3 Causation between the workplace accident and subsequent domestic accidents

Ratio Decidendi

The court found applicant unreliably evidenced and that it was impracticable to compute monthly earnings under s11(1)(b); applied s11(2), adopting a daily wage of HK$850 and 23 working days per month (monthly earnings HK$19,550), accepted 2% permanent loss, orthopaedic sick leave 285 days and psychiatric sick leave 90 days (total 375 days), applied multiplier 72 and awarded specified sums under ss9,10 and 10A together with interest and costs orders.

Court Disposition

Compensation awarded to applicant against 1st respondent (liability previously determined); total award HK$223,675.00; interest and costs orders made.

Orders

  • Section 9 award: HK$28,152.00
  • Section 10 award: HK$195,500.00