MOHAMMAD SALEEM v. LAU WAI LEUNG t/a LEUNG KEE CO AND ANOTHER

MOHAMMAD SALEEM v. LAU WAI LEUNG t/a LEUNG KEE CO AND ANOTHER

Court found on the balance of evidence that the applicant was an employee of the 1st respondent under an umbrella contract and that the 2nd respondent was the principal contractor within s24 of the Employees Compensation Ordinance; the Medical Assessment Board's 3% figure was set aside and replaced with 44% loss of...

Source-derived case information.

Citation
MOHAMMAD SALEEM v. LAU WAI LEUNG t/a LEUNG KEE CO AND ANOTHER
Parties
Applicant: Mohammad Saleem; 1st Respondent: Lau Wai Leung trading as Leung Kee Company; 2nd Respondent: Chung Ying Building Materials Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 December 2011
Case Number
DCEC1558/2010
Procedural Posture
Employees Compensation / Judgment
Outcome
Applicant's claim allowed against the 2nd respondent as principal contractor; liability established and compensation awarded to applicant; appeal against Medical Assessment Board assessment allowed.
Legal Topics
Employees Compensation Ordinance, Principal Contractor Liability Under S24, Employment Status / Contract of Service, Quantum of Damages, Medical Assessment of Impairment, Interest and Costs
Source Language
en
Employment Law Personal Injury Workers' Compensation Contract Law Occupational Safety Law Employees Compensation Ordinance Principal Contractor Liability Under S24 Employment Status / Contract of Service +3 more

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Parties

Mohammad Saleem

Applicant

Lau Wai Leung trading as Leung Kee Company

1st Respondent

Chung Ying Building Materials Company Limited

2nd Respondent

Procedural Posture

Employees Compensation / Judgment

Legal Issues

  1. 1 Whether applicant was an employee of the 1st respondent
  2. 2 Whether the 2nd respondent was principal contractor liable under s24 of the Employees Compensation Ordinance
  3. 3 Proper assessment of loss of earning capacity

Ratio Decidendi

Court found on the balance of evidence that the applicant was an employee of the 1st respondent under an umbrella contract and that the 2nd respondent was the principal contractor within s24 of the Employees Compensation Ordinance; the Medical Assessment Board's 3% figure was set aside and replaced with 44% loss of earning capacity; awarded compensation under s9, s10 and s10A totalling HKD 853,506 with interest and costs as ordered.

Court Disposition

Applicant's claim allowed against the 2nd respondent as principal contractor; liability established and compensation awarded to applicant; appeal against Medical Assessment Board assessment allowed.

Orders

  • Assessment of loss of earning capacity set aside (3%) and replaced by 44%
  • Section 9 compensation awarded HKD 549,120