YEUNG CHUN MUI v. D5 BEAUTY SALON LTD AND OTHERS

YEUNG CHUN MUI v. D5 BEAUTY SALON LTD AND OTHERS

The Form 7 assessment and joint expert evidence established the injury and 47.5% loss of earning capacity; contemporaneous employment records and Form 2 supported a monthly earning of HK$15,000; medical expenses claimed were reduced because two items lacked evidential support (no proof of medical qualification for Jun Yu treatments and contemporaneous records showed only ten HKU clinic visits), yielding allowable medical expenses of HK$3,340; after deducting payments already made by the employer (HK$7,298.90) total compensation assessed at HK$509,041.10 with interest and costs ordered.

Citation
[2019] HKDC 67
Parties
Applicant: Yeung Chun Mui; 1st Respondent: D5 Beauty Salon Limited; 2nd Respondent: Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 January 2019
Case Number
DCEC1752/2016
Procedural Posture
Employees' Compensation / Assessment of Compensation (district Court)
Outcome
Compensation assessed in favour of applicant against the 1st respondent in the sum of HK$509,041.10; interest and costs awarded.
Legal Topics
Assessment of Compensation, Medical Expenses (section 10 A), Loss of Earning Capacity (section 9), Evidentiary Weight of Contemporaneous Documents, Representation and Default Judgment
Source Language
EN
Workers' Compensation Employment Law Personal Injury Assessment of Compensation Medical Expenses (section 10 A) Loss of Earning Capacity (section 9) Evidentiary Weight of Contemporaneous Documents Representation and Default Judgment

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Parties

Yeung Chun Mui

Applicant

D5 Beauty Salon Limited

1st Respondent

Employees Compensation Assistance Fund Board

2nd Respondent

Procedural Posture

Employees' Compensation / Assessment of Compensation (district Court)

Legal Issues

  1. 1 Whether medical expenses under section 10A are recoverable and in what amount
  2. 2 Proper assessment of monthly earnings for compensation under section 11
  3. 3 Reliability of contemporaneous records versus oral recollection

Ratio Decidendi

The Form 7 assessment and joint expert evidence established the injury and 47.5% loss of earning capacity; contemporaneous employment records and Form 2 supported a monthly earning of HK$15,000; medical expenses claimed were reduced because two items lacked evidential support (no proof of medical qualification for Jun Yu treatments and contemporaneous records showed only ten HKU clinic visits), yielding allowable medical expenses of HK$3,340; after deducting payments already made by the employer (HK$7,298.90) total compensation assessed at HK$509,041.10 with interest and costs ordered.

Court Disposition

Compensation assessed in favour of applicant against the 1st respondent in the sum of HK$509,041.10; interest and costs awarded.

Orders

  • Compensation payable to applicant assessed at HK$509,041.10
  • Interest to accrue on that sum at half judgment rate from 7 March 2015 until date of judgment and at judgment rate thereafter until payment in full