毛雲傑 對 漁農自然護理署

毛雲傑 對 漁農自然護理署

The appeal is dismissed because the short delay in filing was not fatal but the applicant failed to discharge the evidential burden to rebut the Form 9 assessment: no medical expert evidence was adduced to show the permanent loss of earning capacity exceeded the Form 9 7.5% assessment, and social welfare memoranda...

Source-derived case information.

Citation
[2023] HKCA 760
Parties
Applicant: Mo Wan Kit; Respondent: Agriculture, Fisheries and Conservation Department
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
20 June 2023
Case Number
CACV452/2022
Procedural Posture
Employees' Compensation Appeal / Hearing in Court of Appeal; Written Judgment Delivered
Outcome
Appeal dismissed (notice of appeal struck out)
Legal Topics
Employees' Compensation, Assessment of Permanent Loss of Earning Capacity, Extension of Appeal Time, Admissibility of Medical Evidence, Costs
Source Language
ch
Labour and Employment Administrative Law Civil Procedure Employees' Compensation Assessment of Permanent Loss of Earning Capacity Extension of Appeal Time Admissibility of Medical Evidence Costs

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Parties

Mo Wan Kit

Applicant

Agriculture, Fisheries and Conservation Department

Respondent

Procedural Posture

Employees' Compensation Appeal / Hearing in Court of Appeal; Written Judgment Delivered

  1. 1 Whether to extend statutory appeal period under s23(4) Employees' Compensation Ordinance
  2. 2 Whether applicant has proven permanent loss of earning capacity should be 100% rather than Form 9's 7.5%
  3. 3 Whether social welfare memoranda and disability assessment forms constitute admissible medical expert evidence for compensation assessment

Ratio Decidendi

The appeal is dismissed because the short delay in filing was not fatal but the applicant failed to discharge the evidential burden to rebut the Form 9 assessment: no medical expert evidence was adduced to show the permanent loss of earning capacity exceeded the Form 9 7.5% assessment, and social welfare memoranda and disability assessment forms do not qualify as competent medical expert evidence for this purpose; therefore the trial judge rightly accepted the Form 9 assessment and the resulting compensation calculation.

Court Disposition

Appeal dismissed (notice of appeal struck out)

Orders

  • Appeal dismissed
  • Applicant to pay respondent's costs; respondent to file a written bill of costs (not exceeding two pages) within 14 days of this judgment; applicant may file a response within 14 days of service (response beyond two pages will be disregarded); court to assess costs in writing thereafter