9 Jan 2024
CHENG SAI WANG v. HONG KONG PEARL LOGISTICS COMPANY LTD
- Citation
- [2024] HKDC 50
- Court
- District Court
- Case number
- DCEC271/2020
The Board certificate of 5% permanent loss of earning capacity and applicant evidence on earnings (HK$29,000/month) are accepted; court exercises discretionary power under s.10(5) ECO to extend temporary incapacity to full 36 months as fair given certified sick leave, awards employees' compensation under ss.9,10,10A totaling HK$894,063; in the common law action the court prefers Dr. Hung's joint-report opinions on impairment and sick leave, awards PSLA HK$350,000, allows pre-trial loss for the certified sick-leave period per accepted medical evidence (HK$580,000) but rejects speculative post-…
- Assessment of compensation under eco ss.9,10,10a
- Eco s.10(5) discretionary extension of temporary incapacity
- Conclusive effect of board certificate
- Mitigation of damages (refusal of surgery)
- Pre-trial and post-trial loss of earnings
- Interest and costs orders