温少華 對 佳昇物流有限公司

温少華 對 佳昇物流有限公司

The court upheld the Commission's 1% assessment of permanent loss because the additional injuries claimed (left shoulder and back) lacked objective medical or radiological support and did not impair the claimant's ability to continue as a truck driver; the claimant's proven August 2014 earnings were used to compute...

Source-derived case information.

Citation
[2019] HKDC 1525
Parties
Applicant: WAN SIU WA [温少華]; Respondent: WIN LUCK LOGISTICS LIMITED [佳昇物流有限公司]
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 November 2019
Case Number
DCEC2194/2015
Procedural Posture
Employee Compensation Claim / Compensation Assessment After Default Judgment (assessment of Damages Following Registrar Judgment)
Outcome
Claimant's compensation assessed and awarded
Legal Topics
Workplace Injury, Permanent Loss of Earning Capacity, Temporary Incapacity (sick Pay), Medical Expenses, Costs, Default Judgment, Company Struck Off
Source Language
ch
Employment Law Personal Injury Compensation Law Company Law Workplace Injury Permanent Loss of Earning Capacity Temporary Incapacity (sick Pay) Medical Expenses +3 more

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Parties

WAN SIU WA [温少華]

Applicant

WIN LUCK LOGISTICS LIMITED [佳昇物流有限公司]

Respondent

Procedural Posture

Employee Compensation Claim / Compensation Assessment After Default Judgment (assessment of Damages Following Registrar Judgment)

  1. 1 Was the Employees' Compensation Commission's 1% assessment of permanent loss of earning capacity appropriate under section 9?
  2. 2 Appropriate computation of temporary incapacity payment under section 10 based on 299 days' certified incapacity and monthly earnings.
  3. 3 Recovery of medical expenses under section 10A.

Ratio Decidendi

The court upheld the Commission's 1% assessment of permanent loss because the additional injuries claimed (left shoulder and back) lacked objective medical or radiological support and did not impair the claimant's ability to continue as a truck driver; the claimant's proven August 2014 earnings were used to compute section 10 and 10A entitlements and the statutory formula under section 7(1)(b) and Schedule 6 was applied to calculate the section 9 award, resulting in a total award of HK$280,403; respondent absent and struck off but proceedings were permitted to continue and respondent ordered to pay costs.

Court Disposition

Claimant's compensation assessed and awarded

Orders

  • Award compensation totalling HK$280,403 to claimant WAN SIU WA.
  • Respondent WIN LUCK LOGISTICS LIMITED to pay claimant's costs of the application; if parties cannot agree, costs to be assessed by the court.