Hong Kong Case Law: Decisions & Judgments

Topic

Assessment of permanent impairment

Legal area

Court

6 Aug 2021

陳華伙對陳劍偉經營小海灣飲食

Citation

[2021] HKDC 953
Court

District Court
Case number

DCEC1324/2019

The court accepted the applicant's credible evidence and expert medical opinion that the workplace accident on 17 May 2018 occurred and caused the left elbow injury; any oral agreement to accept HK$30,000 did not extinguish statutory compensation rights because s31 renders such waivers invalid absent statutory authorization; the court accepted the expert's 2.5% permanent loss figure and applied the Employees' Compensation Ordinance provisions using HK$23,000 monthly salary to calculate total statutory compensation of HK$369,578, awarding interest and costs to the applicant.
21 Jun 2019

YUEN WAI CHUEN v. CHAN WING PUI AND ANOTHER

Citation

[2019] HKCFI 1521
Court

Court of First Instance
Case number

HCPI110/2018

The Court found that the Defendants' light goods vehicle improperly cut across into the Plaintiff's lane causing the collision and consequent right ankle injury; medical evidence established residual ankle damage with objective signs and a measurable degree of permanent impairment and a likely need for future arthrodesis; the Court preferred the cogent expert evidence it found more persuasive for impairment and used those findings to quantify elements of damages including PSLA and loss of earnings.
29 Aug 2008

CHENG CHO FAI v. LAW KA CHUNG

Citation

CHENG CHO FAI v. LAW KA CHUNG
Court

Court of First Instance
Case number

HCPI1005/2006

Having found defendant liable with 20% contributory negligence and on the evidence of permanent diplopia, PCS and other injuries the court awarded global PSLA of $700,000, accepted 25.5 months sick leave and a depressed period to July 2007, adopted a notional post-injury earning of $5,500, applied a multiplier of 16 for future loss, allowed specific sums for future medical treatment with $56,000 to be paid into court, computed special damages and interest, aggregated the components to $2,677,590.65 and reduced the sum by 20% to give judgment for the plaintiff of $2,142,072.52.
6 Sept 2001

CHAN PUI KUEN v. LEE OI WAH

Citation

CHAN PUI KUEN v. LEE OI WAH
Court

Court of First Instance
Case number

HCPI661/2000

The judge accepted the defendant's prior admission to the magistrate and the plaintiff's account over the defendant's contradictory account, finding the defendant pushed the plaintiff causing her fall; the judge preferred the plaintiff's treating expert Dr Lam over the defence expert on impairment and awarded damages accordingly (serious injury category, $350,000 for pain/suffering and loss of amenities), accepted claimed pecuniary losses and awarded pre-trial and future loss figures and loss of earning capacity of $100,000 following precedent, resulting in judgment for the plaintiff totallin…

Hong Kong Case Law

陳華伙 對 陳劍偉經營小海灣飲食

YUEN WAI CHUEN v. CHAN WING PUI AND ANOTHER

CHENG CHO FAI v. LAW KA CHUNG

CHAN PUI KUEN v. LEE OI WAH

陳華伙對陳劍偉經營小海灣飲食