XIE JINFENG v. 勝哥火鍋食品專門店 AND OTHERS

XIE JINFENG v. 勝哥火鍋食品專門店 AND OTHERS

The Form 9 is accepted as conclusive evidence under s 16H ECO; using the adopted monthly earnings figures (HK$18,200 and HK$20,900), the statutory multipliers and the Form 9 percentages/days, total compensation payable by the 3rd respondent is fixed at HK$262,679 plus statutory interest and costs as ordered.

Citation
[2021] HKDC 126
Parties
Applicant: XIE JINFENG; 1st Respondent (discontinued): 勝哥火鍋食品專門店; 2nd Respondent (discontinued): SHING GOR HOT POT LIMITED; 3rd Respondent: KEUNG CHUN CHEUNG; 4th Respondent (discontinued): CHOI MEI TING; 5th Respondent (discontinued): KNIGHT BACHELOR HOT POT FOOD LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 May 2021
Case Number
DCEC1764/2018
Procedural Posture
Employees’ Compensation / Assessment of Compensation
Outcome
Judgment for the applicant against the 3rd respondent for assessed compensation of HK$262,679 together with interest and costs as ordered
Legal Topics
Employees’ Compensation Ordinance, Assessment of Compensation Under Ss 9, 10 and 10 a, Conclusive Effect of Board Certificate (form 9), Calculation of Earnings and Statutory Multipliers, Interest and Costs Orders
Source Language
EN
Employment Law Personal Injury Statutory Compensation Employees’ Compensation Ordinance Assessment of Compensation Under Ss 9, 10 and 10 a Conclusive Effect of Board Certificate (form 9) Calculation of Earnings and Statutory Multipliers Interest and Costs Orders

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Parties

XIE JINFENG

Applicant

勝哥火鍋食品專門店

1st Respondent (discontinued)

SHING GOR HOT POT LIMITED

2nd Respondent (discontinued)

KEUNG CHUN CHEUNG

3rd Respondent

CHOI MEI TING

4th Respondent (discontinued)

KNIGHT BACHELOR HOT POT FOOD LIMITED

5th Respondent (discontinued)

Procedural Posture

Employees’ Compensation / Assessment of Compensation

Legal Issues

  1. 1 Whether the Form 9 is conclusive evidence of permanent loss of earning capacity and sick leave under s 16H ECO
  2. 2 Appropriate monthly earnings to adopt for compensation calculations (s 11 and s 11(1A) ECO)
  3. 3 Appropriate multiplier and percentage for permanent partial incapacity (s 7 and s 9 ECO)

Ratio Decidendi

The Form 9 is accepted as conclusive evidence under s 16H ECO; using the adopted monthly earnings figures (HK$18,200 and HK$20,900), the statutory multipliers and the Form 9 percentages/days, total compensation payable by the 3rd respondent is fixed at HK$262,679 plus statutory interest and costs as ordered.

Court Disposition

Judgment for the applicant against the 3rd respondent for assessed compensation of HK$262,679 together with interest and costs as ordered

Orders

  • 3rd respondent shall pay the applicant compensation assessed in the sum of HK$262,679
  • Interest to accrue on that sum at half judgment rate from the date of the Accident to the date of judgment and thereafter at judgment rate until payment in full