20 Jun 2023
毛雲傑 對 漁農自然護理署
- Citation
- [2023] HKCA 760
- Court
- Court of Appeal
- Case number
- CACV452/2022
The appeal is dismissed because the short delay in filing was not fatal but the applicant failed to discharge the evidential burden to rebut the Form 9 assessment: no medical expert evidence was adduced to show the permanent loss of earning capacity exceeded the Form 9 7.5% assessment, and social welfare memoranda and disability assessment forms do not qualify as competent medical expert evidence for this purpose; therefore the trial judge rightly accepted the Form 9 assessment and the resulting compensation calculation.