YIP SHU KAI 對 郭志偉及另一人

YIP SHU KAI 對 郭志偉及另一人

Applicant's pleadings confined the claim to the accident date in paragraph 1, and applicant's evidence was materially inconsistent with contemporaneous documents and medical records; on the balance of probabilities the court found no proven work‑related shoulder injury on the pleaded dates and no proven work‑related elbow injury on 27–28 August 2018; second respondent's appeal against the Form 9 sick‑leave period succeeded in part and the permanent incapacity assessment for the elbow remained at 0%. Compensation was calculated accordingly.

Citation
[2023] HKDC 1775
Parties
Applicant: YIP SHU KAI; First Respondent: 郭志偉; Second Respondent: EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 December 2023
Case Number
DCEC1870/2019
Procedural Posture
Employees' Compensation Claim Under Employees' Compensation Ordinance / Trial Judgment After Hearing
Outcome
Applicant's claim dismissed; second respondent's appeal against Form 9 allowed in part (sick‑leave period adjusted; permanent incapacity for elbow maintained at 0%); detailed compensation awards calculated and net amounts ordered where payable.
Legal Topics
Claim for Compensation, Causation, Credibility Assessment, Medical Evidence, Amendment of Pleadings, Appeal Against Administrative Assessment
Source Language
CH
Workers' Compensation Employment Law Personal Injury Civil Procedure Claim for Compensation Causation Credibility Assessment Medical Evidence +2 more

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Parties

YIP SHU KAI

Applicant

郭志偉

First Respondent

EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD

Second Respondent

Procedural Posture

Employees' Compensation Claim Under Employees' Compensation Ordinance / Trial Judgment After Hearing

Legal Issues

  1. 1 Whether applicant suffered an injury on 27 August 2018 and whether it was shoulder or elbow injury
  2. 2 Whether any proven injury arose out of and in the course of employment
  3. 3 Whether Form 9 assessment (permanent incapacity and incapacity period) should be varied

Ratio Decidendi

Applicant's pleadings confined the claim to the accident date in paragraph 1, and applicant's evidence was materially inconsistent with contemporaneous documents and medical records; on the balance of probabilities the court found no proven work‑related shoulder injury on the pleaded dates and no proven work‑related elbow injury on 27–28 August 2018; second respondent's appeal against the Form 9 sick‑leave period succeeded in part and the permanent incapacity assessment for the elbow remained at 0%. Compensation was calculated accordingly.

Court Disposition

Applicant's claim dismissed; second respondent's appeal against Form 9 allowed in part (sick‑leave period adjusted; permanent incapacity for elbow maintained at 0%); detailed compensation awards calculated and net amounts ordered where payable.

Orders

  • Applicant's claim dismissed.
  • Second respondent's appeal against Form 9 allowed in part: period of incapacity for left elbow infection fixed as 29 August 2018 to 19 October 2018; permanent loss of earning capacity for elbow maintained at 0%.