27 Feb 2006
LKK TRANS LTD v. WONG HOI CHUNG
- Citation
- LKK TRANS LTD v. WONG HOI CHUNG
- Court
- Court of Final Appeal
- Case number
- FACV14/2005
The Court held that the Employees Compensation Ordinance does not permit judicial apportionment of permanent incapacity between a work-related injury and a pre-existing non-work-related disease; s.10(5) only deems temporary incapacity to be permanent for assessment purposes and does not deem causation, and in the absence of express statutory provision apportionment cannot be read into ss.6,7 or 9, so compensation may be awarded where the injury is a cause even if not the sole cause.