WONG KONG SANG SAMPSON (formerly known as WONG KIN SANG) 對 GOODWELL PROPERTY MANAGEMENT LTD

WONG KONG SANG SAMPSON (formerly known as WONG KIN SANG) 對 GOODWELL PROPERTY MANAGEMENT LTD

On the balance of probabilities the applicant failed to prove that an accidental electrocution occurred in the switch room that caused his injuries; medical and testimonial evidence did not support the electrocution narrative and inconsistencies plus credible alternative medical explanation (syncope/medical...

Source-derived case information.

Citation
[2022] HKDC 237
Parties
Applicant: WONG KONG SANG SAMPSON (formerly WONG KIN SANG); Respondent: GOODWELL PROPERTY MANAGEMENT LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 March 2022
Case Number
DCEC2141/2014
Procedural Posture
Employees' Compensation Claim Under Cap. 282 / Trial and Judgment (regional Court)
Outcome
Applicant's compensation claim dismissed.
Legal Topics
Accident Definition and Causation, Credibility and Evidence, Medical Expert Evidence, Quantum of Compensation, Costs Orders
Source Language
ch
Employment Law Personal Injury Workers' Compensation Accident Definition and Causation Credibility and Evidence Medical Expert Evidence Quantum of Compensation Costs Orders

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Parties

WONG KONG SANG SAMPSON (formerly WONG KIN SANG)

Applicant

GOODWELL PROPERTY MANAGEMENT LIMITED

Respondent

Procedural Posture

Employees' Compensation Claim Under Cap. 282 / Trial and Judgment (regional Court)

  1. 1 Whether the applicant suffered an ‘accident’ in the course of employment under s.5(1) Cap.282
  2. 2 Whether the applicant was electrocuted as he alleged
  3. 3 Causation between any workplace event and the claimed injuries and disabilities

Ratio Decidendi

On the balance of probabilities the applicant failed to prove that an accidental electrocution occurred in the switch room that caused his injuries; medical and testimonial evidence did not support the electrocution narrative and inconsistencies plus credible alternative medical explanation (syncope/medical condition) meant the essential element of ‘accident’ under s.5(1) Cap.282 was not established; claim dismissed.

Court Disposition

Applicant's compensation claim dismissed.

Orders

  • Claim dismissed.
  • Applicant to pay two-thirds of respondent's costs (including brief fees); if parties cannot agree amount, costs to be assessed by the Court.