YIP FONG MING v. JOINT-EFFORT ENGINEERING CO. AND ANOTHER

YIP FONG MING v. JOINT-EFFORT ENGINEERING CO. AND ANOTHER

The Court must reassess loss of earning capacity afresh on appeal under s.18, giving evidential weight to medical reports and Assessment Board certificates but not treating them as conclusive; it must compare bodily impairment with Schedule injuries per s.9(1)(b), consider realistic alternative employment and future earnings (post-accident earnings relevant but not decisive), and apply these principles to fix the claimant's loss of earning capacity at 22%.

Citation
YIP FONG MING v. JOINT-EFFORT ENGINEERING CO. AND ANOTHER
Parties
Applicant: Yip Fong Ming; 1st Respondent: Joint-Effort Engineering Co.; 2nd Respondent: Jardine Engineering Corporation Ltd.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 May 1989
Case Number
DCEC128/1988
Procedural Posture
Employees' Compensation (section 18 Appeal) / District Court Judgment on Assessment of Loss of Earning Capacity
Outcome
Assessment of loss of earning capacity fixed at 22%; total compensation awarded.
Legal Topics
Loss of Earning Capacity, Assessment Under Employees' Compensation Ordinance, Section 9, Section 16 F/16 G/16 H, Section 18 Appeal
Source Language
EN
Industrial Law Employment Law Personal Injury Compensation Law Loss of Earning Capacity Assessment Under Employees' Compensation Ordinance Section 9 Section 16 F/16 G/16 H +1 more

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Parties

Yip Fong Ming

Applicant

Joint-Effort Engineering Co.

1st Respondent

Jardine Engineering Corporation Ltd.

2nd Respondent

Procedural Posture

Employees' Compensation (section 18 Appeal) / District Court Judgment on Assessment of Loss of Earning Capacity

Legal Issues

  1. 1 Proper method for assessing loss of earning capacity for non-schedule injuries under s.9
  2. 2 Weight and evidential status of certificates issued under s.16F/16G and medical reports
  3. 3 Role of post-accident earnings in assessing loss of earning capacity

Ratio Decidendi

The Court must reassess loss of earning capacity afresh on appeal under s.18, giving evidential weight to medical reports and Assessment Board certificates but not treating them as conclusive; it must compare bodily impairment with Schedule injuries per s.9(1)(b), consider realistic alternative employment and future earnings (post-accident earnings relevant but not decisive), and apply these principles to fix the claimant's loss of earning capacity at 22%.

Court Disposition

Assessment of loss of earning capacity fixed at 22%; total compensation awarded.

Orders

  • Loss of earning capacity assessed at 22% under s.9 of the Employees' Compensation Ordinance.
  • Compensation under s.9 assessed at 22% of $341,000 = $75,020.