SIU MING MAN v. SUNRISE CONSTRUCTION LTD AND OTHERS

SIU MING MAN v. SUNRISE CONSTRUCTION LTD AND OTHERS

On the balance of probabilities the court found the femoral neck fracture was an impacted fracture caused by the 3 October 2000 workplace accident and later dislodged after 29 December 2000 (symptoms focused after a twist on 23 January 2001); the applicant's in‑court evidence was rejected where inconsistent with contemporaneous medical records; applying expert evidence and statutory guidance the court fixed permanent loss of earning capacity at 20% and awarded specified compensation under sections 9 and 10 plus medical expenses, interest and costs.

Citation
SIU MING MAN v. SUNRISE CONSTRUCTION LTD AND OTHERS
Parties
Applicant: Siu Ming Man; 1st Respondent: Sunrise Construction Limited; 2nd Respondent: Zen Pacific-China State-Ngo Kee Joint Venture (Zen Pacific Civil Constractors Limited; China State Constructors Engineering Corporation; Ngo Kee Construction Company Limited)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 December 2003
Case Number
DCEC820/2002
Procedural Posture
Employees Compensation / Judgment Delivered
Outcome
Applicant's claim allowed in part; compensation awarded.
Legal Topics
Workplace Accident, Causation, Credibility of Witnesses, Medical Expert Evidence, Loss of Earning Capacity, Assessment of Damages
Source Language
EN
Employment Law Personal Injury Workers' Compensation Medical Evidence Civil Procedure Workplace Accident Causation Credibility of Witnesses +3 more

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Parties

Siu Ming Man

Applicant

Sunrise Construction Limited

1st Respondent

Zen Pacific-China State-Ngo Kee Joint Venture (Zen Pacific Civil Constractors Limited; China State Constructors Engineering Corporation; Ngo Kee Construction Company Limited)

2nd Respondent

Procedural Posture

Employees Compensation / Judgment Delivered

Legal Issues

  1. 1 Whether the fracture of the neck of the left femur was caused by the workplace accident on 3 October 2000
  2. 2 Credibility of the applicant and his wife given contradictions with contemporaneous medical records
  3. 3 Determination of the age of the femoral fracture from radiological and surgical evidence

Ratio Decidendi

On the balance of probabilities the court found the femoral neck fracture was an impacted fracture caused by the 3 October 2000 workplace accident and later dislodged after 29 December 2000 (symptoms focused after a twist on 23 January 2001); the applicant's in‑court evidence was rejected where inconsistent with contemporaneous medical records; applying expert evidence and statutory guidance the court fixed permanent loss of earning capacity at 20% and awarded specified compensation under sections 9 and 10 plus medical expenses, interest and costs.

Court Disposition

Applicant's claim allowed in part; compensation awarded.

Orders

  • Under section 9: HK$161,280.00
  • Under section 10: HK$270,800.00 (less HK$89,200 already paid)