NASEEM ABBAS v. RISING AERIAL PLATFORM CO LTD AND OTHERS

NASEEM ABBAS v. RISING AERIAL PLATFORM CO LTD AND OTHERS

The judge accepted the unchallenged Single Joint Medical Report of Dr Wong and allowed the applicants' appeals against the Form 7 percentages, adopting 5% loss of earning capacity for each applicant because the SJMR was prepared with focused attention and the Board assessments were based on paper review during...

Source-derived case information.

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
DCEC1899/2019
Procedural Posture
Employees' Compensation Proceedings / Assessment of Compensation (post Interlocutory Judgment on Liability)
Outcome
Interlocutory liability confirmed previously; appeals allowed on loss of earning capacity; awards for compensation made; indemnity order in favour of 2nd respondent against 1st respondent; costs orders nisi made.
Legal Topics
Loss of Earning Capacity, Assessment of Compensation, Sick Leave and Periodical Payments, Indemnity Under Section 24(2) ECO, Appeal Against Form 7 Certificate
Source Language
en
Employees' Compensation Employment Law Personal Injury Insurance Law Loss of Earning Capacity Assessment of Compensation Sick Leave and Periodical Payments Indemnity Under Section 24(2) ECO +1 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 Proceedings / Assessment of Compensation (post Interlocutory Judgment on Liability)

Legal Issues

  1. 1 Whether the court should adopt the Single Joint Medical Report (Dr Wong) 5% loss of earning capacity or the Employees' Compensation Board Form 7 assessments
  2. 2 Appropriate calculation of compensation under sections 9 and 10 of the Employees' Compensation Ordinance Cap 282
  3. 3 Whether the principal contractor (2nd respondent) is entitled to indemnity from the sub-contractor (1st respondent) under section 24(2) ECO including costs

Ratio Decidendi

The judge accepted the unchallenged Single Joint Medical Report of Dr Wong and allowed the applicants' appeals against the Form 7 percentages, adopting 5% loss of earning capacity for each applicant because the SJMR was prepared with focused attention and the Board assessments were based on paper review during Covid-19; compensation under sections 9 and 10 was calculated accordingly and the 2nd respondent was held entitled to indemnity from the 1st respondent under section 24(2) ECO including costs.

Court Disposition

Interlocutory liability confirmed previously; appeals allowed on loss of earning capacity; awards for compensation made; indemnity order in favour of 2nd respondent against 1st respondent; costs orders nisi made.

Orders

  • The 1st respondent is liable to pay compensation for the injuries of the 1st and 2nd applicants under section 5 of the Employees' Compensation Ordinance Cap 282
  • The 2nd respondent is liable to pay compensation for the injuries of the 1st and 2nd applicants under section 24 of the Employees' Compensation Ordinance Cap 282