LAM MAN WAI AD v. ONTIME CORPORATION LTD

LAM MAN WAI AD v. ONTIME CORPORATION LTD

The court found the Board's 0.5% LOEC assessment appropriate and dismissed the applicant's s18 appeal; the court rejected the applicant's unproven claim of additional undeclared cash salary and fixed pre-accident monthly income at HK$19,000; awards were calculated accordingly (Employees' Compensation net award HK$40,713 after set-off; Personal injury award HK$332,767) with interest and costs ordered in favour of the plaintiff; medical and special expenses as claimed were allowed in specified amounts.

Citation
[2022] HKDC 1090
Parties
Applicant/plaintiff: Lam Man Wai AD; Respondent/defendant: Ontime Corporation Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 October 2022
Case Number
DCEC1671/2018
Procedural Posture
Employees' Compensation and Personal Injuries (heard Together) / Quantum Trial (interlocutory Judgment on Liability Entered)
Outcome
Section 18 appeal dismissed; judgment entered for the plaintiff/applicant on quantum in both actions with specified awards, interest and costs to be paid by Ontime Corporation Limited
Legal Topics
Loss of Earning Capacity, Assessment of Damages, Section 18 Appeal, Pre Existing Injury, Medical Evidence, Interest, Costs
Source Language
EN
Employees' Compensation Personal Injury Tort Civil Procedure Loss of Earning Capacity Assessment of Damages Section 18 Appeal Pre Existing Injury +3 more

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Parties

Lam Man Wai AD

Applicant/plaintiff

Ontime Corporation Limited

Respondent/defendant

Procedural Posture

Employees' Compensation and Personal Injuries (heard Together) / Quantum Trial (interlocutory Judgment on Liability Entered)

Legal Issues

  1. 1 proper assessment of loss of earning capacity (LOEC)
  2. 2 appropriate pre-accident income to be used in calculations
  3. 3 effect of pre-existing conditions on causation and apportionment

Ratio Decidendi

The court found the Board's 0.5% LOEC assessment appropriate and dismissed the applicant's s18 appeal; the court rejected the applicant's unproven claim of additional undeclared cash salary and fixed pre-accident monthly income at HK$19,000; awards were calculated accordingly (Employees' Compensation net award HK$40,713 after set-off; Personal injury award HK$332,767) with interest and costs ordered in favour of the plaintiff; medical and special expenses as claimed were allowed in specified amounts.

Court Disposition

Section 18 appeal dismissed; judgment entered for the plaintiff/applicant on quantum in both actions with specified awards, interest and costs to be paid by Ontime Corporation Limited

Orders

  • Employees' Compensation award under s9 of Ordinance: HKD 6,840
  • Employees' Compensation award under s10 of Ordinance: HKD 137,813