WONG SUET FONG 對 CHEONG WAH CONSTRUCTION COMPANY LTD

WONG SUET FONG 對 CHEONG WAH CONSTRUCTION COMPANY LTD

Court found on the balance of probabilities that the claimant suffered a work accident on 22 August 2020 while engaged by the respondent; respondent's speculative alternative explanations did not amount to contrary evidence under s5(4)(a). The court dismissed the claimant's appeals against the Board's Form 9...

Source-derived case information.

Citation
[2024] HKDC 649
Parties
Applicant: WONG SUET FONG; Respondent: CHEONG WAH CONSTRUCTION COMPANY LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 April 2024
Case Number
DCEC2550/2020
Procedural Posture
Employees' Compensation Claim / Trial Judgment
Outcome
Judgment for claimant in part; respondent liable to pay net compensation and costs; claimant's appeals against Form 9 dismissed.
Legal Topics
Employer Liability, Compensation Assessment, Medical Expert Evidence, Calculation of Earnings, Mc Kenzie Friend
Source Language
ch
Employment Law Personal Injury Workers' Compensation Evidence Employer Liability Compensation Assessment Medical Expert Evidence Calculation of Earnings +1 more

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Parties

WONG SUET FONG

Applicant

CHEONG WAH CONSTRUCTION COMPANY LIMITED

Respondent

Procedural Posture

Employees' Compensation Claim / Trial Judgment

  1. 1 Whether the accident on 22 August 2020 occurred during employment and was a work accident under s5 of the Employees' Compensation Ordinance
  2. 2 Appropriate assessment of permanent partial loss of earning capacity under s9
  3. 3 Duration of temporary incapacity for work under s10

Ratio Decidendi

Court found on the balance of probabilities that the claimant suffered a work accident on 22 August 2020 while engaged by the respondent; respondent's speculative alternative explanations did not amount to contrary evidence under s5(4)(a). The court dismissed the claimant's appeals against the Board's Form 9 assessments because the claimant failed to discharge the burden of proof to show the Board's 1.5% permanent loss rating or the assessed period of incapacity were incorrect. The court adjusted the claimant's proven average monthly earnings to HK$13,018.9 and, applying CPI adjustment, HK$13,227.4, awarded statutory sums under s9, s10 and s10A, deducted prior payments, and ordered net...

Court Disposition

Judgment for claimant in part; respondent liable to pay net compensation and costs; claimant's appeals against Form 9 dismissed.

Orders

  • Respondent to pay claimant HKD 93,813 as compensation plus interest from date of accident to judgment at half the statutory judgment rate and thereafter at the full statutory judgment rate until payment in full.
  • Claimant's appeals filed 19 May 2022 and 7 Sept 2022 against Form 9 are dismissed/withdrawn.