WANG MEIZHEN v. LUCUN COMPANY LTD AND ANOTHER

WANG MEIZHEN v. LUCUN COMPANY LTD AND ANOTHER

Applicant's average monthly earnings at the time of the Accident are HK$18,000; loss of earning capacity assessed at 3% for the purposes of section 9 of the ECO (no apportionment to pre-existing condition permitted); periods of temporary incapacity are limited to those certified in Form 7 up to 20 July 2023 and additional claimed period July–August 2023 not allowed; reasonable medical expenses recoverable under section 10A are HK$5,265; total compensation after credit and calculations is HK$212,132 and 1st Respondent ordered to pay same with interest and costs as ordered.

Citation
[2026] HKDC 616
Parties
Applicant: WANG Meizhen; 1st Respondent: LUCUN COMPANY LIMITED; 2nd Respondent: EMPLOYEES’ COMPENSATION ASSISTANCE FUND BOARD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 April 2026
Case Number
DCEC568/2023
Procedural Posture
Employees' Compensation (eco) / Assessment of Compensation (quantum)
Outcome
1st Respondent ordered to pay HK$212,132 to the Applicant; interest awarded from 11 April 2022 at half-judgment rate until judgment and at judgment rate thereafter; costs nisi as ordered.
Legal Topics
Loss of Earning Capacity, Temporary Incapacity (periodical Payment), Medical Expenses, Apportionment, Interest, Costs
Source Language
EN
Employees' Compensation Personal Injury Employment Law Civil Procedure Loss of Earning Capacity Temporary Incapacity (periodical Payment) Medical Expenses Apportionment +2 more

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Parties

WANG Meizhen

Applicant

LUCUN COMPANY LIMITED

1st Respondent

EMPLOYEES’ COMPENSATION ASSISTANCE FUND BOARD

2nd Respondent

Procedural Posture

Employees' Compensation (eco) / Assessment of Compensation (quantum)

Legal Issues

  1. 1 What were the Applicant's average monthly earnings at the time of the Accident?
  2. 2 On what basis should loss of earning capacity be calculated and is apportionment to pre-existing condition permissible?
  3. 3 Is the Applicant entitled to periodical payment from 21 July 2023 to 28 August 2023?

Ratio Decidendi

Applicant's average monthly earnings at the time of the Accident are HK$18,000; loss of earning capacity assessed at 3% for the purposes of section 9 of the ECO (no apportionment to pre-existing condition permitted); periods of temporary incapacity are limited to those certified in Form 7 up to 20 July 2023 and additional claimed period July–August 2023 not allowed; reasonable medical expenses recoverable under section 10A are HK$5,265; total compensation after credit and calculations is HK$212,132 and 1st Respondent ordered to pay same with interest and costs as ordered.

Court Disposition

1st Respondent ordered to pay HK$212,132 to the Applicant; interest awarded from 11 April 2022 at half-judgment rate until judgment and at judgment rate thereafter; costs nisi as ordered.

Orders

  • 1st Respondent to pay HK$212,132 to the Applicant.
  • Interest on the award at half judgment rate from 11 April 2022 to date of judgment and thereafter at judgment rate until payment.