鄭恩澤 對 梁萬粦所經營的燊輝工程裝修公司及另一人

鄭恩澤 對 梁萬粦所經營的燊輝工程裝修公司及另一人

The court accepted the contemporaneous pay documentation as the reliable basis for earnings and fixed the claimant's monthly income for s.11(2) purposes at HK$17,000. Applying the Employees' Compensation Ordinance and the agreed 2% loss of earning capacity, the s.9 award is HK$32,640; s.10 award HK$54,996.16; s.10A award HK$1,055; total employees' compensation HK$88,691.16. In the civil action the court assessed PSLA at HK$125,000, pre-trial (past) loss of earnings at HK$107,100, special damages HK$1,918.20 and no future loss, future expenditure or loss of earning capacity; total civil damages HK$234,018.20. The higher civil award subsumes compensation so net recoverable is HK$234,018.20....

Citation
[2021] HKDC 943
Parties
Plaintiff/applicant: 鄭恩澤; First Defendant/respondent: 燊輝工程裝修公司（由梁萬粦經營）; Second Defendant/respondent: 僱員補償援助基金管理局
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 September 2021
Case Number
DCEC837/2020
Procedural Posture
Personal Injury Claim and Employees' Compensation Claims (consolidated) / Quantum/damages Assessment Hearing
Outcome
Judgment for the Plaintiff/Applicant; damages assessed and employees' compensation quantified; net award in favour of claimant HK$234,018.2; employees' compensation assessed at HK$88,691.16.
Legal Topics
Quantum of Damages, Loss of Earnings, Medical Expenses, Employer Liability, Joinder and Role of Compensation Fund, Costs Allocation
Source Language
CH
Personal Injury Employment Law Workers' Compensation Civil Procedure Costs Law Quantum of Damages Loss of Earnings Medical Expenses +3 more

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Parties

鄭恩澤

Plaintiff/applicant

燊輝工程裝修公司（由梁萬粦經營）

First Defendant/respondent

僱員補償援助基金管理局

Second Defendant/respondent

Procedural Posture

Personal Injury Claim and Employees' Compensation Claims (consolidated) / Quantum/damages Assessment Hearing

Legal Issues

  1. 1 Proper basis for computing earnings under s.11(2) Employees' Compensation Ordinance for short employment
  2. 2 Assessment of permanent loss of earning capacity and whole person impairment
  3. 3 Appropriate award for pain, suffering and loss of amenities (PSLA) for mild head injury/ post-concussion symptoms

Ratio Decidendi

The court accepted the contemporaneous pay documentation as the reliable basis for earnings and fixed the claimant's monthly income for s.11(2) purposes at HK$17,000. Applying the Employees' Compensation Ordinance and the agreed 2% loss of earning capacity, the s.9 award is HK$32,640; s.10 award HK$54,996.16; s.10A award HK$1,055; total employees' compensation HK$88,691.16. In the civil action the court assessed PSLA at HK$125,000, pre-trial (past) loss of earnings at HK$107,100, special damages HK$1,918.20 and no future loss, future expenditure or loss of earning capacity; total civil damages HK$234,018.20. The higher civil award subsumes compensation so net recoverable is HK$234,018.20....

Court Disposition

Judgment for the Plaintiff/Applicant; damages assessed and employees' compensation quantified; net award in favour of claimant HK$234,018.2; employees' compensation assessed at HK$88,691.16.

Orders

  • Award to claimant of net damages HK$234,018.20
  • Employees' Compensation: s.9 HK$32,640; s.10 HK$54,996.16; s.10A HK$1,055 (total HK$88,691.16)