LEE LAI LIN（李麗年）, for herself and on behalf of members of the family of CHEUNG SIU WAH（張少華）,deceased 對 利全棚業工程有限公司及另一人

LEE LAI LIN（李麗年）, for herself and on behalf of members of the family of CHEUNG SIU WAH（張少華）,deceased 對 利全棚業工程有限公司及另一人

The court accepted the deceased's average monthly earnings as HK$44,000 based on uncontested evidence but applied the statutory capped monthly amount in Schedule 6 of HK$35,600 under s6(1)(b); compensation was therefore calculated as HK$35,600 x 60 = HK$2,136,000.

Citation
[2024] HKDC 781
Parties
Applicant: LEE LAI LIN; First Respondent: LI CHUEN SCAFFOLDING LIMITED; Second Respondent: MAN CHI ON
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 June 2024
Case Number
DCEC2321/2022
Procedural Posture
Employees' Compensation Assessment / Assessment Hearing
Outcome
Judgment for applicant against both respondents for statutory employees' compensation.
Legal Topics
Employee Compensation Under Employees' Compensation Ordinance, Assessment of Monthly Earnings Under S11, Statutory Cap Under S6(1)(b) and Schedule 6
Source Language
CH
Employment Law Workers' Compensation Civil Procedure Employee Compensation Under Employees' Compensation Ordinance Assessment of Monthly Earnings Under S11 Statutory Cap Under S6(1)(b) and Schedule 6

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Parties

LEE LAI LIN

Applicant

LI CHUEN SCAFFOLDING LIMITED

First Respondent

MAN CHI ON

Second Respondent

Procedural Posture

Employees' Compensation Assessment / Assessment Hearing

Legal Issues

  1. 1 Determination of deceased employee's monthly income at time of accident under s11(1)
  2. 2 Which limb of s11(1) yields a more favourable monthly earnings figure
  3. 3 Application of statutory maximum monthly amount under s6(1)(b) and Schedule 6

Ratio Decidendi

The court accepted the deceased's average monthly earnings as HK$44,000 based on uncontested evidence but applied the statutory capped monthly amount in Schedule 6 of HK$35,600 under s6(1)(b); compensation was therefore calculated as HK$35,600 x 60 = HK$2,136,000.

Court Disposition

Judgment for applicant against both respondents for statutory employees' compensation.

Orders

  • First and second respondents ordered to pay the applicant HK$2,136,000 as employees' compensation
  • First and second respondents to pay interest on the compensation from 17 September 2021 to the date of judgment at one‑half the court rate, thereafter at the court rate until full payment