MAN KING SING v. CHAN SHUN ON t/a FORTUNATE PRINTERS (A FIRM) AND ANOTHER

MAN KING SING v. CHAN SHUN ON t/a FORTUNATE PRINTERS (A FIRM) AND ANOTHER

The court accepted the Board's 4% loss of earning capacity, adopted average monthly earnings of $11,076, allowed the applicant's s.18 appeal varying the certified period of absence to 19 May 2008–17 March 2009 (303 days less 10 statutory holidays = 293 days), applied the s.10A medical expense cap reducing claimed bone‑setting treatments to $200 each, calculated statutory awards under s.9 ($31,898.88), s.10 ($86,540.48) and s.10A ($9,120.00), set off prior advance/periodic payments of $93,535.02 and entered judgment for the net sum $34,024.34 with interest and costs to be taxed.

Citation
MAN KING SING v. CHAN SHUN ON t/a FORTUNATE PRINTERS (A FIRM) AND ANOTHER
Parties
Applicant: Man King Sing; 1st Respondent (discontinued): Chan Shun On trading as Fortunate Printers (a firm); 2nd Respondent (in Liquidation): Fortunate Printers Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 October 2011
Case Number
DCEC32/2010
Procedural Posture
Employees' Compensation / Assessment of Compensation (trial on Quantum)
Outcome
Judgment entered against 2nd Respondent Fortunate Printers Limited (in liquidation) for $34,024.34 with interest as ordered; costs to applicant to be taxed if not agreed.
Legal Topics
Employees' Compensation Ordinance, Loss of Earning Capacity, Sick Leave Period, Medical Expenses Cap, Interest on Judgment, Costs
Source Language
EN
Employment Law Personal Injury Statutory Compensation Insolvency Employees' Compensation Ordinance Loss of Earning Capacity Sick Leave Period Medical Expenses Cap +2 more

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Parties

Man King Sing

Applicant

Chan Shun On trading as Fortunate Printers (a firm)

1st Respondent (discontinued)

Fortunate Printers Limited

2nd Respondent (in Liquidation)

Procedural Posture

Employees' Compensation / Assessment of Compensation (trial on Quantum)

Legal Issues

  1. 1 Appropriate percentage loss of earning capacity
  2. 2 Average monthly earnings to be adopted for statutory compensation
  3. 3 Length of sick leave/period of absence from duty

Ratio Decidendi

The court accepted the Board's 4% loss of earning capacity, adopted average monthly earnings of $11,076, allowed the applicant's s.18 appeal varying the certified period of absence to 19 May 2008–17 March 2009 (303 days less 10 statutory holidays = 293 days), applied the s.10A medical expense cap reducing claimed bone‑setting treatments to $200 each, calculated statutory awards under s.9 ($31,898.88), s.10 ($86,540.48) and s.10A ($9,120.00), set off prior advance/periodic payments of $93,535.02 and entered judgment for the net sum $34,024.34 with interest and costs to be taxed.

Court Disposition

Judgment entered against 2nd Respondent Fortunate Printers Limited (in liquidation) for $34,024.34 with interest as ordered; costs to applicant to be taxed if not agreed.

Orders

  • Judgment for the Applicant against the 2nd Respondent in the sum of $34,024.34
  • The judgment sum shall carry interest at half judgment rate from the date of the Accident until date of judgment and at judgment rate thereafter until full payment