YE BAI v. CHUNG KEE PAINTING CO LTD AND ANOTHER

YE BAI v. CHUNG KEE PAINTING CO LTD AND ANOTHER

Applicant was employed by the 1st respondent and suffered a workplace accident on 12 January 2016; the court preferred the detailed clinical and functional assessment of Dr Tio over Dr Tsoi and assessed loss of earning capacity at 3.5%; the court allowed an extension under s10(5) to include 763 days of sick leave; awards under sections 9, 10 and 10A totaling HK$413,090.33 less an advance payment of HK$62,000 resulted in a net judgment of HK$351,090.33, with interest and costs ordered against the 1st respondent.

Citation
[2020] HKDC 1155
Parties
Applicant: Ye Bai; 1st Respondent: Chung Kee Painting Co. Limited; 2nd Respondent: Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 December 2020
Case Number
DCEC41/2017
Procedural Posture
Employees' Compensation / Judgment (trial)
Outcome
Applicant's claim allowed; judgment entered for applicant against 1st respondent
Legal Topics
Liability, Quantum, Medical Expert Evidence, Sick Leave Extension Under Section 10(5), Interest, Costs
Source Language
EN
Employment Workers' Compensation Personal Injury Liability Quantum Medical Expert Evidence Sick Leave Extension Under Section 10(5) Interest +1 more

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Parties

Ye Bai

Applicant

Chung Kee Painting Co. Limited

1st Respondent

Employees Compensation Assistance Fund Board

2nd Respondent

Procedural Posture

Employees' Compensation / Judgment (trial)

Legal Issues

  1. 1 Existence of employment relationship at time of accident
  2. 2 Liability for workplace accident
  3. 3 Assessment of loss of earning capacity (permanent partial incapacity)

Ratio Decidendi

Applicant was employed by the 1st respondent and suffered a workplace accident on 12 January 2016; the court preferred the detailed clinical and functional assessment of Dr Tio over Dr Tsoi and assessed loss of earning capacity at 3.5%; the court allowed an extension under s10(5) to include 763 days of sick leave; awards under sections 9, 10 and 10A totaling HK$413,090.33 less an advance payment of HK$62,000 resulted in a net judgment of HK$351,090.33, with interest and costs ordered against the 1st respondent.

Court Disposition

Applicant's claim allowed; judgment entered for applicant against 1st respondent

Orders

  • Chung Kee Painting Co. Limited to pay Ye Bai HK$351,090.33
  • Interest on HK$351,090.33 at half judgment rate from 12 January 2016 to date of judgment and thereafter at judgment rate until payment in full