LEUNG HO MING v. CHUNG KAM MING AND ANOTHER t/a TAI ON ENGINEERING CO

LEUNG HO MING v. CHUNG KAM MING AND ANOTHER t/a TAI ON ENGINEERING CO

Chung, as the employer, is liable. The court accepted the joint expert evidence and allowed the section 18 appeal, adopting a 2% loss of earning capacity. The court accepted the applicant's credible wage evidence and adopted a median monthly income of HK$13,500. Using the statutory multiplier of 96 months the court calculated section 9, section 10 and section 10A awards, credited HK$15,000 previously paid by Yeung, and awarded a net sum of HK$19,900 with interest at half judgment rate from 15 September 2004 to 13 August 2007 and judgment rate thereafter; costs were awarded to the applicant up to and including 13 August 2007 and to be taxed.

Citation
LEUNG HO MING v. CHUNG KAM MING AND ANOTHER t/a TAI ON ENGINEERING CO
Parties
Applicant: Leung; 1st Respondent (employer): Chung; 2nd Respondent (contractor): Yeung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 April 2008
Case Number
DCEC753/2006
Procedural Posture
Employees Compensation Ordinance Claim (cap.282) / Assessment of Damages and Costs Following Hearing
Outcome
Judgment for applicant; compensation awarded against 1st Respondent Chung
Legal Topics
Compensation Assessment, Loss of Earning Capacity, Section 18 Appeal, Interest on Awards, Costs and Taxation
Source Language
EN
Employment Law Personal Injury Workers' Compensation Civil Procedure Compensation Assessment Loss of Earning Capacity Section 18 Appeal Interest on Awards +1 more

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Parties

Leung

Applicant

Chung

1st Respondent (employer)

Yeung

2nd Respondent (contractor)

Procedural Posture

Employees Compensation Ordinance Claim (cap.282) / Assessment of Damages and Costs Following Hearing

Legal Issues

  1. 1 Whether Chung as employer is liable to compensate the applicant for a back injury sustained in the course of employment
  2. 2 Proper assessment of loss of earning capacity under section 18
  3. 3 Appropriate calculation of section 9, 10 and 10A compensation and credit for prior payment

Ratio Decidendi

Chung, as the employer, is liable. The court accepted the joint expert evidence and allowed the section 18 appeal, adopting a 2% loss of earning capacity. The court accepted the applicant's credible wage evidence and adopted a median monthly income of HK$13,500. Using the statutory multiplier of 96 months the court calculated section 9, section 10 and section 10A awards, credited HK$15,000 previously paid by Yeung, and awarded a net sum of HK$19,900 with interest at half judgment rate from 15 September 2004 to 13 August 2007 and judgment rate thereafter; costs were awarded to the applicant up to and including 13 August 2007 and to be taxed.

Court Disposition

Judgment for applicant; compensation awarded against 1st Respondent Chung

Orders

  • Chung shall pay the applicant compensation in the gross sum of HK$34,900 comprised of Section 9 HK$25,920, Section 10 HK$6,480 and Section 10A HK$2,500
  • Credit of HK$15,000 to be given for payment previously received from Yeung; net compensation payable HK$19,900