TANG PAK LAM v. KAM HING DECORATION ENGINEERING LTD AND ANOTHER

TANG PAK LAM v. KAM HING DECORATION ENGINEERING LTD AND ANOTHER

Court started afresh, gave limited weight to expert's percentage opinion due to lack of functional testing and absence of explanation, relied on total evidence including Form 7 and claimant's return to work; concluded permanent loss of earning capacity is 10% and permitted 3 months temporary total incapacity for s10...

Source-derived case information.

Citation
TANG PAK LAM v. KAM HING DECORATION ENGINEERING LTD AND ANOTHER
Parties
Applicant: Tang Pak Lam; 1st Respondent: Kam Hing Decoration Engineering Limited; 2nd Respondent: 360 Space Planner Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 April 2015
Case Number
DCEC1322/2013
Procedural Posture
Employees Compensation / Assessment of Compensation on Appeal Under S 18
Outcome
Appeal allowed in part; assessment adjusted in favour of applicant for temporary incapacity period and Form 7 percentage on loss of earning capacity upheld
Legal Topics
Loss of Earning Capacity, Temporary Total Incapacity, Assessment Board Appeal, Employees Compensation Ordinance S9 S10 S10 a
Source Language
en
Employment Law Compensation Law Personal Injury Loss of Earning Capacity Temporary Total Incapacity Assessment Board Appeal Employees Compensation Ordinance S9 S10 S10 a

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Parties

Tang Pak Lam

Applicant

Kam Hing Decoration Engineering Limited

1st Respondent

360 Space Planner Limited

2nd Respondent

Procedural Posture

Employees Compensation / Assessment of Compensation on Appeal Under S 18

Legal Issues

  1. 1 Whether permanent loss of earning capacity is 10% (Form 7) or 13% (expert Dr Fu)
  2. 2 Whether period of temporary total incapacity is 68 days (medical certificates/Form 7) or 6 months (expert Dr Fu)
  3. 3 Appropriate weight to attach to expert percentage assessments and lack of functional testing

Ratio Decidendi

Court started afresh, gave limited weight to expert's percentage opinion due to lack of functional testing and absence of explanation, relied on total evidence including Form 7 and claimant's return to work; concluded permanent loss of earning capacity is 10% and permitted 3 months temporary total incapacity for s10 calculation.

Court Disposition

Appeal allowed in part; assessment adjusted in favour of applicant for temporary incapacity period and Form 7 percentage on loss of earning capacity upheld

Orders

  • Respondents to pay the applicant employees compensation totalling 225751 HKD
  • Interest on the compensation at half the judgment rate from date of accident to date of judgment and thereafter at the judgment rate