SHABAR REHMAN v. SUNNY SUCCESS HOLDINGS LTD

SHABAR REHMAN v. SUNNY SUCCESS HOLDINGS LTD

The injury was a superficial 3cm laceration that healed with no structural deficit; objective medical evidence and hand-grip testing showed exaggeration and no permanent impairment; the plaintiff recovered by early July 2019 and thus suffered only 44 days incapacity; given lack of reliable wage evidence the court adopted the Census and Statistics average monthly wage of HK$12,632; awards were limited accordingly and a costs order nisi against the plaintiff in favour of the Fund Board on an indemnity basis was justified due to intentional exaggeration of symptoms and grossly excessive claim.

Citation
[2022] HKDC 1403
Parties
Applicant/plaintiff: Shabar Rehman; Respondent/1st Defendant: Sunny Success Holdings Limited; 2nd Defendant: Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 December 2022
Case Number
DCEC367/2020
Procedural Posture
Employees' Compensation Assessment and Personal Injuries Assessment (connected Matters) / Assessment of Compensation and Assessment of Damages After Interlocutory Findings on Liability
Outcome
EC Action: award to plaintiff and dismissal of appeal; PI Action: award to plaintiff from Fund Board with deductions, interest and detailed costs orders including indemnity costs payable by plaintiff to Fund Board (costs order nisi).
Legal Topics
Workers Compensation, Assessment of Damages, Loss of Earnings, Pre Judgment and Post Judgment Interest, Indemnity Costs for Dishonest Exaggeration, Expert Medical Evidence Assessment
Source Language
EN
Employment Law Personal Injury Civil Procedure Costs Law Workers Compensation Assessment of Damages Loss of Earnings Pre Judgment and Post Judgment Interest +2 more

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Parties

Shabar Rehman

Applicant/plaintiff

Sunny Success Holdings Limited

Respondent/1st Defendant

Employees Compensation Assistance Fund Board

2nd Defendant

Procedural Posture

Employees' Compensation Assessment and Personal Injuries Assessment (connected Matters) / Assessment of Compensation and Assessment of Damages After Interlocutory Findings on Liability

Legal Issues

  1. 1 Extent of injury and permanency
  2. 2 Ability to resume pre-accident work
  3. 3 Appropriate pre-accident monthly income

Ratio Decidendi

The injury was a superficial 3cm laceration that healed with no structural deficit; objective medical evidence and hand-grip testing showed exaggeration and no permanent impairment; the plaintiff recovered by early July 2019 and thus suffered only 44 days incapacity; given lack of reliable wage evidence the court adopted the Census and Statistics average monthly wage of HK$12,632; awards were limited accordingly and a costs order nisi against the plaintiff in favour of the Fund Board on an indemnity basis was justified due to intentional exaggeration of symptoms and grossly excessive claim.

Court Disposition

EC Action: award to plaintiff and dismissal of appeal; PI Action: award to plaintiff from Fund Board with deductions, interest and detailed costs orders including indemnity costs payable by plaintiff to Fund Board (costs order nisi).

Orders

  • In EC Action: Sunny Success to pay plaintiff HK$14,920.55; plaintiff's notice of appeal against Form 7 dismissed.
  • In PI Action: Fund Board to pay plaintiff general damages HK$50,000 and special damages HK$18,775.93, with amount of HK$14,920.55 awarded in EC Action deducted.