WONG KWEI PIU v. CHOW CHI CHEUNG t/a SUN LEE CO

WONG KWEI PIU v. CHOW CHI CHEUNG t/a SUN LEE CO

On the balance of probabilities the court accepted that the claimant sustained rib fractures with residual chest pain and a mild Major Depressive Disorder caused by the accident; orthopaedic LOE assessed at 1% with 6 months sick leave, cardiothoracic injuries caused no additional LOE and sick leave extended to 17 January 2017, psychiatric MDD assessed as mild with 3% LOE and 12 months sick leave (25 Nov 2019–24 Nov 2020); aggregate LOE 4%; monthly earnings for EC purposes fixed at HKD 18,833 (including averaged bonus); statutory EC compensation under ss9/10/10A assessed and paid (net EC award HKD 192,476) and common law PI damages of HKD 865,190 reduced by that EC sum to HKD 672,714;...

Citation
[2022] HKDC 437
Parties
Applicant/plaintiff: Wong Kwei Piu; Respondent/defendant: Chow Chi Cheung trading as Sun Lee Co.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 May 2022
Case Number
DCEC1082/2017
Procedural Posture
Employees' Compensation and Personal Injuries (civil) / Judgment (assessment of Quantum)
Outcome
Judgments entered for claimant: EC compensation awarded HKD 192,476; PI damages awarded HKD 865,190 reduced by EC compensation to HKD 672,714; costs orders made as specified.
Legal Topics
Quantum Assessment, Causation of Psychiatric Injury, Expert Admissibility, Sick Leave Assessment, Loss of Earnings, Sanctioned Payment Disclosure and Recusal, Costs Allocation, Statutory Compensation Reduction
Source Language
EN
Tort Employment Law Personal Injury Employment Compensation Civil Procedure Quantum Assessment Causation of Psychiatric Injury Expert Admissibility +5 more

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Parties

Wong Kwei Piu

Applicant/plaintiff

Chow Chi Cheung trading as Sun Lee Co.

Respondent/defendant

Procedural Posture

Employees' Compensation and Personal Injuries (civil) / Judgment (assessment of Quantum)

Legal Issues

  1. 1 Whether disclosure of interim sanctioned payment required recusal
  2. 2 Admissibility and weight of cardiothoracic and psychiatric expert evidence
  3. 3 Causation of claimant's Major Depressive Disorder and extent attributable to the accident

Ratio Decidendi

On the balance of probabilities the court accepted that the claimant sustained rib fractures with residual chest pain and a mild Major Depressive Disorder caused by the accident; orthopaedic LOE assessed at 1% with 6 months sick leave, cardiothoracic injuries caused no additional LOE and sick leave extended to 17 January 2017, psychiatric MDD assessed as mild with 3% LOE and 12 months sick leave (25 Nov 2019–24 Nov 2020); aggregate LOE 4%; monthly earnings for EC purposes fixed at HKD 18,833 (including averaged bonus); statutory EC compensation under ss9/10/10A assessed and paid (net EC award HKD 192,476) and common law PI damages of HKD 865,190 reduced by that EC sum to HKD 672,714;...

Court Disposition

Judgments entered for claimant: EC compensation awarded HKD 192,476; PI damages awarded HKD 865,190 reduced by EC compensation to HKD 672,714; costs orders made as specified.

Orders

  • Judgment in EC Action for applicant Wong Kwei Piu for HKD 192,476
  • Judgment in PI Action for plaintiff Wong Kwei Piu for HKD 865,190, reduced by EC compensation HKD 192,476 to net HKD 672,714