SHAHBAZ MOHAMMAD v. PROSPEROUS ENGINEERING (HK) LTD

SHAHBAZ MOHAMMAD v. PROSPEROUS ENGINEERING (HK) LTD

Applicant found not credible on evidence of regular monthly work; court estimated average working days by averaging a best and worst month scenario, accepted daily wage HK$800 and Dr Wong's LOEC 4%, computed monthly earnings HK$11,780 and awarded total compensation HK$223,003.20 less credit of HK$10,000, with...

Source-derived case information.

Citation
[2022] HKDC 975
Parties
Applicant: Shahbaz Mohammad; Respondent: Prosperous Engineering (HK) Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 September 2022
Case Number
DCEC1479/2020
Procedural Posture
Employees' Compensation / Assessment of Compensation
Outcome
Award made in favour of the applicant; respondent ordered to pay compensation, interest and costs.
Legal Topics
Loss of Earning Capacity, Calculation of Monthly Earnings, Sick Leave Compensation, Medical Expenses, Interest, Costs
Source Language
en
Employment Law Workers' Compensation Personal Injury Loss of Earning Capacity Calculation of Monthly Earnings Sick Leave Compensation Medical Expenses Interest +1 more

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Parties

Shahbaz Mohammad

Applicant

Prosperous Engineering (HK) Limited

Respondent

Procedural Posture

Employees' Compensation / Assessment of Compensation

Legal Issues

  1. 1 Determination of monthly earnings under section 11(1) ECO
  2. 2 Assessment of permanent loss of earning capacity (LOEC)
  3. 3 Calculation of compensation under sections 9, 10 and 10A ECO

Ratio Decidendi

Applicant found not credible on evidence of regular monthly work; court estimated average working days by averaging a best and worst month scenario, accepted daily wage HK$800 and Dr Wong's LOEC 4%, computed monthly earnings HK$11,780 and awarded total compensation HK$223,003.20 less credit of HK$10,000, with interest and costs.

Court Disposition

Award made in favour of the applicant; respondent ordered to pay compensation, interest and costs.

Orders

  • Respondent to pay the applicant HK$223,003.20 as compensation
  • Award interest at 4% per annum from the date of the accident to the date of this order and thereafter at the Judgment rate until payment