NG KA CHUK v. WELCOME CONSTRUCTION CO LTD AND OTHERS

NG KA CHUK v. WELCOME CONSTRUCTION CO LTD AND OTHERS

The court accepted the applicant's account that the workplace accident occurred on 7 October 2003, found the discrepancies with the Accident Report immaterial given that the report was prepared by a third party and unsigned by the applicant, accepted Dr. Danny Tsoi's assessment of 4% loss of earning capacity as reasonable, allowed the appeal against the Board's 2% assessment and awarded statutory compensation totaling $46,032.06 with interest and costs arrangements.

Citation
NG KA CHUK v. WELCOME CONSTRUCTION CO LTD AND OTHERS
Parties
Applicant: Ng Ka Chuk; 1st Respondent: Welcome Construction Company Limited; 2nd Respondent: Boss IT Consultancy Limited (formerly Hopsfield International Limited); 3rd Respondent: Top Express Engineering Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 September 2006
Case Number
DCEC1097/2005
Procedural Posture
Employees Compensation / Judgment After Trial and Appeal Against Board Assessment
Outcome
Judgment for the Applicant against the 1st, 2nd and 3rd Respondents for $46,032.06 inclusive of statutory components; interest and costs ordered.
Legal Topics
Workplace Accident, Liability for Workplace Injury, Loss of Earning Capacity Assessment, Credibility and Weight of Evidence, Assessment of Compensation by Board
Source Language
EN
Employment Law Personal Injury Workers' Compensation Workplace Accident Liability for Workplace Injury Loss of Earning Capacity Assessment Credibility and Weight of Evidence Assessment of Compensation by Board

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Parties

Ng Ka Chuk

Applicant

Welcome Construction Company Limited

1st Respondent

Boss IT Consultancy Limited (formerly Hopsfield International Limited)

2nd Respondent

Top Express Engineering Limited

3rd Respondent

Procedural Posture

Employees Compensation / Judgment After Trial and Appeal Against Board Assessment

Legal Issues

  1. 1 Whether the applicant suffered the accident as alleged
  2. 2 What is the applicant's loss of earning capacity and appropriate compensation

Ratio Decidendi

The court accepted the applicant's account that the workplace accident occurred on 7 October 2003, found the discrepancies with the Accident Report immaterial given that the report was prepared by a third party and unsigned by the applicant, accepted Dr. Danny Tsoi's assessment of 4% loss of earning capacity as reasonable, allowed the appeal against the Board's 2% assessment and awarded statutory compensation totaling $46,032.06 with interest and costs arrangements.

Court Disposition

Judgment for the Applicant against the 1st, 2nd and 3rd Respondents for $46,032.06 inclusive of statutory components; interest and costs ordered.

Orders

  • Judgment for the Applicant against the 1st, 2nd and 3rd Respondents in the sum of $46,032.06.
  • Interest at half judgment rate from 7 October 2003 to date of judgment and thereafter at judgment rate until payment.