LI KIN TUNG 對 BRILLIANT HOUSE HOLDINGS LTD t/a 輝煌樓海鮮酒家及另一人

LI KIN TUNG 對 BRILLIANT HOUSE HOLDINGS LTD t/a 輝煌樓海鮮酒家及另一人

On the balance of probabilities the applicant sustained the alleged wrist injury at work; medical records and credible witness evidence supported injury. The court rejected application of the s9(1A) special formula because applicant was found capable of returning to his pre‑injury managerial role (with minor job modification) and expert opinion was insufficiently reliable when considered against surveillance and contemporaneous records. Loss of earning capacity was assessed at 2%; statutory compensation under s9, s10 and s10A was calculated accordingly and late payrolls were admitted but given limited weight. Costs orders apportioned against employer for its share and liability for Fund...

Citation
[2021] HKDC 1257
Parties
Applicant: LI KIN TUNG; First Respondent: BRILLIANT HOUSE HOLDINGS LIMITED trading as 輝煌樓海鮮酒家; Second Respondent: EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 October 2021
Case Number
DCEC1497/2018
Procedural Posture
Employees Compensation Claim / Trial (judgment)
Outcome
Applicant awarded statutory compensation for work injury; employer liable; Fund joined as second respondent and no costs order against Fund in relation to applicant
Legal Topics
Workers' Compensation, Quantum of Damages, Medical Expert Evidence, Document Disclosure and Late Evidence, Credibility and Surveillance Evidence, Costs Allocation
Source Language
CH
Employment Law Personal Injury Statutory Compensation Evidence Workers' Compensation Quantum of Damages Medical Expert Evidence Document Disclosure and Late Evidence +2 more

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Parties

LI KIN TUNG

Applicant

BRILLIANT HOUSE HOLDINGS LIMITED trading as 輝煌樓海鮮酒家

First Respondent

EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD

Second Respondent

Procedural Posture

Employees Compensation Claim / Trial (judgment)

Legal Issues

  1. 1 Whether applicant suffered a workplace injury for which employer is liable
  2. 2 Whether special formula under s9(1A) applies (permanent partial loss and special circumstances)
  3. 3 Assessment of percentage loss of earning capacity

Ratio Decidendi

On the balance of probabilities the applicant sustained the alleged wrist injury at work; medical records and credible witness evidence supported injury. The court rejected application of the s9(1A) special formula because applicant was found capable of returning to his pre‑injury managerial role (with minor job modification) and expert opinion was insufficiently reliable when considered against surveillance and contemporaneous records. Loss of earning capacity was assessed at 2%; statutory compensation under s9, s10 and s10A was calculated accordingly and late payrolls were admitted but given limited weight. Costs orders apportioned against employer for its share and liability for Fund...

Court Disposition

Applicant awarded statutory compensation for work injury; employer liable; Fund joined as second respondent and no costs order against Fund in relation to applicant

Orders

  • Award under s9: HKD 29,877.12
  • Award under s10: HKD 172,623.36