RAI UMESH v. CARSON ENGINEERING LTD

RAI UMESH v. CARSON ENGINEERING LTD

The court preferred and accepted Dr Lee's medical opinion supported by radiographs that the scaphoid fracture had healed and residual impairment was minimal; medical opinions on earning capacity were disregarded; the court adopted the Board's 3% loss of earning capacity as reasonable in the applicant's circumstances and awarded Section 9 compensation of $28,252.80, dismissed the appeal against the Board, and awarded agreed amounts under Sections 10 and 10A together with interest and costs as ordered.

Citation
RAI UMESH v. CARSON ENGINEERING LTD
Parties
Applicant: Rai Umesh; Respondent: Carson Engineering Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 May 2007
Case Number
DCEC28/2006
Procedural Posture
Employees Compensation / Judgment
Outcome
Appeal dismissed; judgment entered for Applicant for statutory compensation under Sections 9, 10 and 10A as calculated by the court.
Legal Topics
Permanent Partial Incapacity, Temporary Incapacity, Medical Expenses, Quantum of Damages, Assessment of Loss of Earning Capacity, Appeal Against Board Assessment
Source Language
EN
Employment Law Workers' Compensation Personal Injury Administrative Law Permanent Partial Incapacity Temporary Incapacity Medical Expenses Quantum of Damages +2 more

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Parties

Rai Umesh

Applicant

Carson Engineering Limited

Respondent

Procedural Posture

Employees Compensation / Judgment

Legal Issues

  1. 1 Whether the Board's 3% assessment of loss of earning capacity should be set aside
  2. 2 Proper quantum for Sections 9(1)(b), 10 and 10A of the Employees Compensation Ordinance
  3. 3 Admissibility and weight of medical opinions on loss of earning capacity

Ratio Decidendi

The court preferred and accepted Dr Lee's medical opinion supported by radiographs that the scaphoid fracture had healed and residual impairment was minimal; medical opinions on earning capacity were disregarded; the court adopted the Board's 3% loss of earning capacity as reasonable in the applicant's circumstances and awarded Section 9 compensation of $28,252.80, dismissed the appeal against the Board, and awarded agreed amounts under Sections 10 and 10A together with interest and costs as ordered.

Court Disposition

Appeal dismissed; judgment entered for Applicant for statutory compensation under Sections 9, 10 and 10A as calculated by the court.

Orders

  • Award under Section 9 (permanent partial incapacity) $28,252.80
  • Award under Section 10 (temporary incapacity) $29.00