MAHMOOD ANSAR v. RISING AERIAL PLATFORM CO LTD AND OTHERS

MAHMOOD ANSAR v. RISING AERIAL PLATFORM CO LTD AND OTHERS

Judge accepted the jointly appointed expert Dr Wong's Single Joint Medical Reports and allowed the applicants' appeals against the Form 7 percentages, assessing each applicant's permanent loss of earning capacity at 5%; applied those percentages to calculate statutory compensation under sections 9 and 10 of the ECO, left sick leave periods undisturbed, awarded specified sums to each applicant with interest, and held that the 2nd respondent is entitled to indemnity by the 1st respondent under section 24(2) including costs.

Citation
[2021] HKDC 387
Parties
Applicant: Naseem-Abbas; Applicant: Mahmood Ansar; 1st Respondent: Rising Aerial Platform Company Limited; 2nd Respondent: Sunrise Construction Engineering Limited; 3rd Respondent: Falcon Insurance Company (Hong Kong) Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 April 2021
Case Number
DCEC1900/2019
Procedural Posture
Employees' Compensation / Assessment of Compensation Following Interlocutory Judgment on Liability
Outcome
Interlocutory liability previously entered against 1st and 2nd respondents upheld for payment of compensation; applicants' appeals allowed on quantum; 2nd respondent entitled to indemnity by 1st respondent under s24(2) ECO; costs to follow the event subject to nisi order.
Legal Topics
Loss of Earning Capacity, Sick Leave Compensation, Indemnity Under Section 24(2) ECO, Statutory Assessment (form 7), Appeal Against Certificate of Assessment
Source Language
EN
Employment Law Workers' Compensation Personal Injury Insurance Law Civil Procedure Loss of Earning Capacity Sick Leave Compensation Indemnity Under Section 24(2) ECO +2 more

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Parties

Naseem-Abbas

Applicant

Mahmood Ansar

Applicant

Rising Aerial Platform Company Limited

1st Respondent

Sunrise Construction Engineering Limited

2nd Respondent

Falcon Insurance Company (Hong Kong) Limited

3rd Respondent

Procedural Posture

Employees' Compensation / Assessment of Compensation Following Interlocutory Judgment on Liability

Legal Issues

  1. 1 Whether to adopt the Single Joint Medical Report expert assessment (5%) or the Form 7 assessments (1% and 2%) for loss of earning capacity
  2. 2 Calculation of compensation under sections 9 and 10 of the Employees' Compensation Ordinance
  3. 3 Whether the principal contractor (2nd respondent) is entitled to indemnity by the subcontractor (1st respondent) under section 24(2) ECO

Ratio Decidendi

Judge accepted the jointly appointed expert Dr Wong's Single Joint Medical Reports and allowed the applicants' appeals against the Form 7 percentages, assessing each applicant's permanent loss of earning capacity at 5%; applied those percentages to calculate statutory compensation under sections 9 and 10 of the ECO, left sick leave periods undisturbed, awarded specified sums to each applicant with interest, and held that the 2nd respondent is entitled to indemnity by the 1st respondent under section 24(2) including costs.

Court Disposition

Interlocutory liability previously entered against 1st and 2nd respondents upheld for payment of compensation; applicants' appeals allowed on quantum; 2nd respondent entitled to indemnity by 1st respondent under s24(2) ECO; costs to follow the event subject to nisi order.

Orders

  • 1st respondent liable to pay compensation in respect of the injuries of the 1st and 2nd applicants under section 5 of the ECO
  • 2nd respondent liable to pay compensation in respect of the injuries of the 1st and 2nd applicants under section 24 of the ECO