WEI XIAO KAI 對 葉廣生 trading as 成興建築材料工程公司 (sued as a firm)及另一人

WEI XIAO KAI 對 葉廣生 trading as 成興建築材料工程公司 (sued as a firm)及另一人

Applicant's documentary and oral evidence was found unreliable; employer's contemporaneous records were accepted. Applicant's pre-accident monthly income assessed at $17,270 (= $1,570/day × 11 days). Permanent loss of earning capacity fixed at 3.75% (expert evidence). Reasonable sick leave fixed to...

Source-derived case information.

Citation
[2025] HKDC 1752
Parties
Applicant: WEI XIAO KAI; First Respondent: 葉廣生 trading as 成興建築材料工程公司 (sued as a firm); Second Respondent: EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 October 2025
Case Number
DCEC2163/2021
Procedural Posture
Employees Compensation Claim / Assessment Hearing (quantification of Compensation)
Outcome
Judgment for applicant; compensation awarded
Legal Topics
Compensation Assessment, Loss of Earning Capacity, Sick Leave, Medical Expenses (s10 A), Witness Credibility, Interest and Costs
Source Language
ch
Employment Law Workers' Compensation Personal Injury Civil Procedure Compensation Assessment Loss of Earning Capacity Sick Leave Medical Expenses (s10 A) +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

WEI XIAO KAI

Applicant

葉廣生 trading as 成興建築材料工程公司 (sued as a firm)

First Respondent

EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD

Second Respondent

Procedural Posture

Employees Compensation Claim / Assessment Hearing (quantification of Compensation)

  1. 1 monthly income at time of accident
  2. 2 percentage loss of earning capacity
  3. 3 reasonable period of sick leave

Ratio Decidendi

Applicant's documentary and oral evidence was found unreliable; employer's contemporaneous records were accepted. Applicant's pre-accident monthly income assessed at $17,270 (= $1,570/day × 11 days). Permanent loss of earning capacity fixed at 3.75% (expert evidence). Reasonable sick leave fixed to 22/3/2021–18/8/2023 (880 days). Applying s9 and s10 formulas, deducting periodic payments received and allowing medical expenses under s10A, total award calculated at $223,928. Interest and provisional costs orders granted as stated.

Court Disposition

Judgment for applicant; compensation awarded

Orders

  • 第一答辯人葉廣生須向申請人支付合共HK$223,928的賠償金
  • 利息自意外日期起至法庭判決以半判定利率計算,判決後以判定利率計算直至清繳為止