PAN CHO MING v. HORNWAY ENGINEERING LTD AND ANOTHER

PAN CHO MING v. HORNWAY ENGINEERING LTD AND ANOTHER

On the balance of probabilities the applicant voluntarily climbed without instruction, there was no evidence of electrocution and the dislocation was attributable to a pre-existing shoulder instability; accordingly the injury did not arise out of and in the course of employment and the employer successfully rebutted the s10(2) presumption by evidence of full pay and return to work; claim dismissed.

Citation
[2024] HKDC 1593
Parties
Applicant: Pan Cho Ming; 1st Respondent: Hornway Engineering Limited; 2nd Respondent: Falcon Insurance Company (Hong Kong) Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 September 2024
Case Number
DCEC2815/2017
Procedural Posture
Employees' Compensation / Judgment After Trial
Outcome
Applicant's claim dismissed in its entirety.
Legal Topics
Employees' Compensation Ordinance, Causation, Quantum, Medical Expenses, Sick Leave, Costs
Source Language
EN
Employment Law Personal Injury Insurance Law Employees' Compensation Ordinance Causation Quantum Medical Expenses Sick Leave +1 more

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Parties

Pan Cho Ming

Applicant

Hornway Engineering Limited

1st Respondent

Falcon Insurance Company (Hong Kong) Limited

2nd Respondent

Procedural Posture

Employees' Compensation / Judgment After Trial

Legal Issues

  1. 1 Whether injury arose out of and in the course of employment under s5 ECO
  2. 2 Whether applicant was electrocuted at work
  3. 3 Whether dislocation was caused by a pre-existing condition

Ratio Decidendi

On the balance of probabilities the applicant voluntarily climbed without instruction, there was no evidence of electrocution and the dislocation was attributable to a pre-existing shoulder instability; accordingly the injury did not arise out of and in the course of employment and the employer successfully rebutted the s10(2) presumption by evidence of full pay and return to work; claim dismissed.

Court Disposition

Applicant's claim dismissed in its entirety.

Orders

  • Claim dismissed in its entirety.
  • Costs order nisi that the applicant shall pay the 1st respondent the costs of these proceedings with certificate for counsel, to be taxed if not agreed.