XIA YUNBIAO 對 KONG PO CHOY TRADING AS SUN KONG DECORATION CO

XIA YUNBIAO 對 KONG PO CHOY TRADING AS SUN KONG DECORATION CO

On the unchallenged evidence the court accepted the applicant's account and medical evidence, adopted the expert's assessment of 6% permanent loss of earning capacity, included the additional sick leave period, applied statutory formulas under ss.9,10,10A and Schedule 3 cap to medical expenses, deducted amounts already paid, and awarded the calculated sums with interest and a costs order nisi.

Citation
[2018] HKDC 1201
Parties
Applicant: XIA YUNBIAO
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 October 2018
Case Number
DCEC1872/2016
Procedural Posture
Employees' Compensation Claim Under Employees' Compensation Ordinance / Assessment of Compensation (quantification)
Outcome
Respondent ordered to pay statutory compensation and interest; costs order nisi made in favour of applicant.
Legal Topics
Workers' Compensation Assessment, Medical Expenses Cap Under Schedule 3, Loss of Earnings Calculation, Interest on Compensation, Costs Order Nisi
Source Language
CH
Employment Law Personal Injury Workers' Compensation Workers' Compensation Assessment Medical Expenses Cap Under Schedule 3 Loss of Earnings Calculation Interest on Compensation Costs Order Nisi

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Parties

XIA YUNBIAO

Applicant

Procedural Posture

Employees' Compensation Claim Under Employees' Compensation Ordinance / Assessment of Compensation (quantification)

Legal Issues

  1. 1 Quantum of compensation under Employees' Compensation Ordinance ss.9,10,10A and s.11(1)(a)
  2. 2 Appropriate percentage for permanent loss of earning capacity
  3. 3 Whether to include additional sick leave period 27/4/2017–9/6/2017

Ratio Decidendi

On the unchallenged evidence the court accepted the applicant's account and medical evidence, adopted the expert's assessment of 6% permanent loss of earning capacity, included the additional sick leave period, applied statutory formulas under ss.9,10,10A and Schedule 3 cap to medical expenses, deducted amounts already paid, and awarded the calculated sums with interest and a costs order nisi.

Court Disposition

Respondent ordered to pay statutory compensation and interest; costs order nisi made in favour of applicant.

Orders

  • Respondent to pay HKD 533963.73 to applicant as compensation
  • Respondent to pay interest: half the prescribed rate from date of accident (10/10/2015) to date of judgment (4/10/2018); full prescribed rate thereafter until full payment