YU XI v. 馮華強 AND ANOTHER

YU XI v. 馮華強 AND ANOTHER

The court accepted the applicant's contemporaneous Form 2 and Notice of Change and payment notes and found average monthly earnings at time of accident to be HK$39,000; applied statutory cap of HK$28,360 for s9 leading to s9 award HK$142,934.40; applied s10 (4/5 of HK$39,000 for 36 months) to award HK$1,123,200; applied s10A and added HK$300/day for specified private items resulting in HK$24,178 for medical expenses; held employer advances including sums earmarked for private medical treatment must be given full credit against assessed compensation; after deducting advances HK$346,041 the net judgment is HK$944,271.40 with interest and costs nisi order.

Citation
[2022] HKDC 1115
Parties
Applicant: YU XI; 1st Respondent: 馮華強; 2nd Respondent: EMPLOYEES’ COMPENSATION ASSISTANCE FUND BOARD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 October 2022
Case Number
DCEC2997/2019
Procedural Posture
Employees' Compensation / Assessment of Compensation
Outcome
Judgment for applicant; 1st respondent ordered to pay assessed compensation with deductions for advances, plus interest and costs nisi order.
Legal Topics
Employees' Compensation Ordinance, Assessment of Compensation, Advance Payments Credit, Medical Expenses, Statutory Caps
Source Language
EN
Employment Law Personal Injury Administrative Law Employees' Compensation Ordinance Assessment of Compensation Advance Payments Credit Medical Expenses Statutory Caps

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Parties

YU XI

Applicant

馮華強

1st Respondent

EMPLOYEES’ COMPENSATION ASSISTANCE FUND BOARD

2nd Respondent

Procedural Posture

Employees' Compensation / Assessment of Compensation

Legal Issues

  1. 1 Correct average monthly earnings at time of accident
  2. 2 Whether employer advance payments (including earmarked private medical payments) must be credited against assessed compensation
  3. 3 Application of s9, s10 and s10A ECO including statutory caps and multipliers

Ratio Decidendi

The court accepted the applicant's contemporaneous Form 2 and Notice of Change and payment notes and found average monthly earnings at time of accident to be HK$39,000; applied statutory cap of HK$28,360 for s9 leading to s9 award HK$142,934.40; applied s10 (4/5 of HK$39,000 for 36 months) to award HK$1,123,200; applied s10A and added HK$300/day for specified private items resulting in HK$24,178 for medical expenses; held employer advances including sums earmarked for private medical treatment must be given full credit against assessed compensation; after deducting advances HK$346,041 the net judgment is HK$944,271.40 with interest and costs nisi order.

Court Disposition

Judgment for applicant; 1st respondent ordered to pay assessed compensation with deductions for advances, plus interest and costs nisi order.

Orders

  • 1st respondent to pay s9 compensation HK$142,934.40
  • 1st respondent to pay s10 compensation HK$1,123,200.00