TSE FUK PING 對 TSE FUK TONG and CHAN YIU TONG t/a FAT KEE CO

TSE FUK PING 對 TSE FUK TONG and CHAN YIU TONG t/a FAT KEE CO

The court accepted the Committee's unchallenged assessment of 11% permanent loss and the applicant's uncontested wage evidence (daily HK$1,200; monthly HK$31,200), applied the Schedule 6 statutory cap (HK$30,530) and statutory formulas under ss9,10 and 10A to award permanent partial compensation HK$161,198.40,...

Source-derived case information.

Citation
[2023] HKDC 77
Parties
Applicant: TSE FUK PING; Respondent: TSE FUK TONG and CHAN YIU TONG trading as FAT KEE COMPANY
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 January 2023
Case Number
DCEC1845/2020
Procedural Posture
Employees' Compensation Claim / Quantum Determination (judgment)
Outcome
Judgment for applicant assessing compensation and costs of quantum; respondent ordered to pay specified amounts and interest.
Legal Topics
Compensation Assessment, Permanent Partial Incapacity, Temporary Incapacity, Medical Expenses, Interest, Statutory Interpretation
Source Language
ch
Employment Law Workers' Compensation Personal Injury Law Compensation Assessment Permanent Partial Incapacity Temporary Incapacity Medical Expenses Interest +1 more

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Parties

TSE FUK PING

Applicant

TSE FUK TONG and CHAN YIU TONG trading as FAT KEE COMPANY

Respondent

Procedural Posture

Employees' Compensation Claim / Quantum Determination (judgment)

  1. 1 Whether to accept the Board/Committee's assessment of permanent loss of earning capacity
  2. 2 Appropriate wage basis for calculation of compensation
  3. 3 Calculation of permanent partial and temporary incapacity compensation under the Employees' Compensation Ordinance (Cap. 282) ss 9,10,10A

Ratio Decidendi

The court accepted the Committee's unchallenged assessment of 11% permanent loss and the applicant's uncontested wage evidence (daily HK$1,200; monthly HK$31,200), applied the Schedule 6 statutory cap (HK$30,530) and statutory formulas under ss9,10 and 10A to award permanent partial compensation HK$161,198.40, temporary incapacity compensation HK$656,482.20 for 800 days and medical expenses HK$12,833.00, together with interest at 4% from date of accident until judgment and statutory post-judgment interest thereafter.

Court Disposition

Judgment for applicant assessing compensation and costs of quantum; respondent ordered to pay specified amounts and interest.

Orders

  • Respondent to pay applicant HK$161,198.40 for permanent partial loss of earning capacity (s9).
  • Respondent to pay applicant HK$656,482.20 for temporary incapacity for 800 days (s10).