Yu Yau Choi v. Ming Sang (HK) Engineering Ltd.

Yu Yau Choi v. Ming Sang (HK) Engineering Ltd.

The court held that on the facts the applicant was entitled to periodical payments under s10(2) based on government sick notes; the appropriate earnings basis was HK$533 per day (HK$13,858 per month) and four-fifths of that (HK$11,086.40 per month) was ordered from the date of injury until expiry of the sick notes on 14 February 2001, with credit for amounts already paid. Because the order places the applicant in receipt of periodical payments the respondent's summons for medical examination under s16 was granted and the applicant was ordered to submit to it.

Citation
Yu Yau Choi v. Ming Sang (HK) Engineering Ltd.
Parties
Applicant (workman): Yu Yau-choi; Respondent (employer): Ming Sang (HK) Engineering Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 January 2001
Case Number
DCEC833/2000
Procedural Posture
Employees Compensation / Ruling on Summonses
Outcome
Applicant's summons for periodical payments granted in part; Respondent's summons for medical examination granted.
Legal Topics
Periodical Payments, Medical Examination, Calculation of Earnings, Sick Leave Certification, Malingering, Statutory Interpretation of S10 and S16
Source Language
EN
Employment Law Personal Injury Workers' Compensation Evidence Periodical Payments Medical Examination Calculation of Earnings Sick Leave Certification +2 more

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Parties

Yu Yau-choi

Applicant (workman)

Ming Sang (HK) Engineering Limited

Respondent (employer)

Procedural Posture

Employees Compensation / Ruling on Summonses

Legal Issues

  1. 1 Whether applicant is entitled to periodical payments under s10(2) of the Ordinance based on government sick notes
  2. 2 Correct basis for calculating applicant's earnings for periodical payments
  3. 3 Whether employer may require a medical examination under s16 when employee is not yet in receipt of periodical payments

Ratio Decidendi

The court held that on the facts the applicant was entitled to periodical payments under s10(2) based on government sick notes; the appropriate earnings basis was HK$533 per day (HK$13,858 per month) and four-fifths of that (HK$11,086.40 per month) was ordered from the date of injury until expiry of the sick notes on 14 February 2001, with credit for amounts already paid. Because the order places the applicant in receipt of periodical payments the respondent's summons for medical examination under s16 was granted and the applicant was ordered to submit to it.

Court Disposition

Applicant's summons for periodical payments granted in part; Respondent's summons for medical examination granted.

Orders

  • Order that applicant receive periodical payments calculated at four-fifths of HK$13,858 per month = HK$11,086.40 per month from date of injury until 14 February 2001 (expiry of sick notes), with credit for amounts already paid.
  • Order that applicant submit to a medical examination pursuant to the respondents' summons (s16).