LI HON MING v. KWONG SHUN HOUSING ENGINEERING CO LTD AND OTHERS

LI HON MING v. KWONG SHUN HOUSING ENGINEERING CO LTD AND OTHERS

The court accepted the applicant's factual account and the joint examiner Dr Miu's medical opinions on causation and severity, found the 5 February 2013 accident occurred as alleged, held respondents liable under the Employees Compensation Ordinance, adopted 5% loss of earning capacity and 171 sick days, allowed medical expenses and awarded total compensation of HKD 234,168.20 with interest and costs.

Citation
LI HON MING v. KWONG SHUN HOUSING ENGINEERING CO LTD AND OTHERS
Parties
Applicant: LI HON MING; 1st Respondent: KWONG SHUN HOUSING ENGINEERING COMPANY LIMITED; 2nd Respondent: CORNWALL CONTRACTING COMPANY LIMITED; 3rd Respondent: ABLE ENGINEERING COMPANY LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 February 2017
Case Number
DCEC1905/2013
Procedural Posture
Employees Compensation / Trial Judgment
Outcome
Judgment for applicant against 1st to 3rd respondents
Legal Topics
Causation, Quantum, Sick Leave, Loss of Earning Capacity, Employer Liability, Medical Expert Evidence, Witness Credibility, Indemnity/insurance Coverage
Source Language
EN
Employment Law Workers' Compensation Personal Injury Insurance Law Causation Quantum Sick Leave Loss of Earning Capacity +4 more

Case Brief

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Parties

LI HON MING

Applicant

KWONG SHUN HOUSING ENGINEERING COMPANY LIMITED

1st Respondent

CORNWALL CONTRACTING COMPANY LIMITED

2nd Respondent

ABLE ENGINEERING COMPANY LIMITED

3rd Respondent

Procedural Posture

Employees Compensation / Trial Judgment

Legal Issues

  1. 1 Did the workplace accident alleged on 5 February 2013 occur?
  2. 2 Was the applicant's right tennis elbow caused by the alleged accident or by later exertion?
  3. 3 What is the appropriate assessment of loss of earning capacity?

Ratio Decidendi

The court accepted the applicant's factual account and the joint examiner Dr Miu's medical opinions on causation and severity, found the 5 February 2013 accident occurred as alleged, held respondents liable under the Employees Compensation Ordinance, adopted 5% loss of earning capacity and 171 sick days, allowed medical expenses and awarded total compensation of HKD 234,168.20 with interest and costs.

Court Disposition

Judgment for applicant against 1st to 3rd respondents

Orders

  • Judgment for the applicant against the 1st to 3rd respondents in the sum of HKD 234,168.20
  • Interest to accrue on the judgment sum at half the judgment rate from 5 February 2013 until the date of judgment and thereafter at the judgment rate until payment in full