鄧耀光 對 鍾騰芳經營忠誠公司

鄧耀光 對 鍾騰芳經營忠誠公司

Apply s11(1)(a) to fix monthly income at HK$12,000; accept expert evidence that residual disability warrants 3.5% PLEC; calculate s9 award as HK$12,000 x 96 x 3.5% = HK$40,320; accept 58 days' total incapacity and calculate s10 award as HK$12,000 x (58/30) x 4/5 = HK$18,560; allow medical expenses HK$1,005 under...

Source-derived case information.

Citation
[2018] HKDC 1151
Parties
Applicant: TANG YIU KWONG (鄧耀光); Respondent: CHUNG TAN FONG trading as CHUNG SHING COMPANY (鍾騰芳經營忠誠公司)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
20 September 2018
Case Number
DCEC1847/2016
Procedural Posture
Employees' Compensation / Assessment of Compensation (post Liability Determination)
Outcome
Judgment for applicant; respondent ordered to pay statutory compensation, interest and costs.
Legal Topics
Compensation Assessment, Medical Evidence, Statutory Interpretation, Interest, Costs
Source Language
ch
Employment Workers' Compensation Personal Injury Compensation Assessment Medical Evidence Statutory Interpretation Interest Costs

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Parties

TANG YIU KWONG (鄧耀光)

Applicant

CHUNG TAN FONG trading as CHUNG SHING COMPANY (鍾騰芳經營忠誠公司)

Respondent

Procedural Posture

Employees' Compensation / Assessment of Compensation (post Liability Determination)

  1. 1 Appropriate monthly income for statutory calculation under s11(1)
  2. 2 Quantum of permanent loss of earning capacity (PLEC)
  3. 3 Duration and quantum for temporary total incapacity under s10

Ratio Decidendi

Apply s11(1)(a) to fix monthly income at HK$12,000; accept expert evidence that residual disability warrants 3.5% PLEC; calculate s9 award as HK$12,000 x 96 x 3.5% = HK$40,320; accept 58 days' total incapacity and calculate s10 award as HK$12,000 x (58/30) x 4/5 = HK$18,560; allow medical expenses HK$1,005 under s10A; order interest from date of accident at half statutory rate until judgment then full rate and costs to applicant.

Court Disposition

Judgment for applicant; respondent ordered to pay statutory compensation, interest and costs.

Orders

  • Respondent to pay applicant HK$59,885 as employees' compensation
  • Interest on the judgment sum from 27 January 2016 to judgment at half the statutory judgment rate and thereafter at the full statutory rate until payment in full