WAI\'S INTERNATIONAL ENGINEERING LTD 對 LI PING

WAI\'S INTERNATIONAL ENGINEERING LTD 對 LI PING

The court accepted independent joint expert evidence and contemporaneous medical records over the Form 7 certificate, found the respondent recovered by 31/12/2018 (six months), fixed permanent loss of earning capacity at 2%, awarded total compensation of HKD 40,838.40 and ordered repayment by the respondent of interim payments net HKD 921,334.94; no interest awarded and costs provisionally to applicant.

Citation
[2024] HKDC 1928
Parties
Applicant (employer): WAI'S INTERNATIONAL ENGINEERING LIMITED; Respondent (employee): LI PING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 November 2024
Case Number
DCEC944/2019
Procedural Posture
Employees' Compensation Appeal Under S.18, Employees' Compensation Ordinance (cap.282) / Assessment Hearing and Judgment
Outcome
Applicant's appeal allowed in part; Form 7 findings varied by the court
Legal Topics
Sick Leave Determination, Permanent Loss of Earning Capacity, Interim Payments and Repayment, Expert Medical Evidence, Witness Credibility
Source Language
CH
Employment Law Personal Injury Workers' Compensation Evidence Law Sick Leave Determination Permanent Loss of Earning Capacity Interim Payments and Repayment Expert Medical Evidence +1 more

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Parties

WAI'S INTERNATIONAL ENGINEERING LIMITED

Applicant (employer)

LI PING

Respondent (employee)

Procedural Posture

Employees' Compensation Appeal Under S.18, Employees' Compensation Ordinance (cap.282) / Assessment Hearing and Judgment

Legal Issues

  1. 1 Whether the Board's Form 7 findings should be overturned
  2. 2 Proper duration of temporary incapacity (sick leave)
  3. 3 Appropriate percentage for permanent loss of earning capacity

Ratio Decidendi

The court accepted independent joint expert evidence and contemporaneous medical records over the Form 7 certificate, found the respondent recovered by 31/12/2018 (six months), fixed permanent loss of earning capacity at 2%, awarded total compensation of HKD 40,838.40 and ordered repayment by the respondent of interim payments net HKD 921,334.94; no interest awarded and costs provisionally to applicant.

Court Disposition

Applicant's appeal allowed in part; Form 7 findings varied by the court

Orders

  • Respondent's sick leave attributable to the accident is limited to 12/06/2018 to 31/12/2018
  • Permanent loss of earning capacity fixed at 2%