23 Jan 2024
HU CHENG CHUN 對 WONG MING TAT AND YU LUN MING t/a CHUNG YICK MOTOR ENGINEERING
- Citation
- [2024] HKDC 133
- Court
- District Court
- Case number
- DCEC2552/2021
The court found the accident on 4 March 2021 occurred and materially contributed to the applicant's current back pain. Applying the principle in LKK Trans, full statutory compensation is payable where the accident is a cause. The applicant failed to discharge the evidential burden to prefer the joint expert's 5% permanent loss assessment over the Form 9 review certificate of 2%; the court therefore adopted 2% for s9 and applied the Paper Mills formula for s9 and statutory calculations for s10(1), deducting amounts already paid, and awarded medical expenses and interest accordingly.