Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discount for pre-existing condition

  • 11 Oct 2021

    SO CHI KEUNG v. HOSPITAL AUTHORITY

    Citation
    [2021] HKDC 1246
    Court
    District Court
    Case number
    DCPI245/2019

    The court found the plaintiff not credible, accepted medical evidence that most current disability is attributable to pre-existing spondylolisthesis rather than the 2014 accident, fixed a reasonable sick leave period of eight months, applied a 70% discount for pre-existing condition to PSLA, awarded pre-trial earnings for eight months without further discount because pre-existing condition was already accounted for in the sick leave finding, and concluded the assessed net damages are less than employees' compensation already received so no award is made to the plaintiff and costs are to be pa…

  • 28 Jun 2018

    CHAN LOK HANG v. SWIRE RESOURCES LTD

    Citation
    [2018] HKCFI 1463
    Court
    Court of First Instance
    Case number
    HCPI834/2015

    Court found the Accident caused or more likely aggravated localized disc protrusion/annular tear producing mild-to-moderate chronic low back pain and an adjustment disorder attributable to the accident, but the plaintiff exaggerated symptoms; applied a 25% reduction for pre-existing degenerative change; awarded PSLA HK$210,000 and reduced pre-trial losses, but total assessed damages (HK$295,406) were less than employees' compensation already received (HK$560,000), therefore no net damages were awarded and no interest was payable.