Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Medical assessment and permanent loss of earning capacity
  • 11 Apr 2002

    Kwok Yau-tai v. Tung Wah Group of Hospitals

    Citation
    Kwok Yau-tai v. Tung Wah Group of Hospitals
    Court
    District Court
    Case number
    DCEC44/2000

    The court held that the applicant had demonstrated a reasonable excuse under section 14(4) because the matter was managed via the Labour Department and respondent sick pay for the majority of the limitation period, and the applicant acted promptly to obtain legal aid once payments ceased; accordingly leave was granted to bring a section 18A application. The court also allowed amendment to pursue an out‑of‑time appeal under section 18(2) because early notice of an appeal was given, there was no forensic prejudice, and the appeal could be considered more generously in the context of an existing…

    • Employees compensation ordinance
    • Limitation periods
    • Extension of time
    • Appeal against assessment
    • Medical assessment and permanent loss of earning capacity