25 Aug 2023
CHENG WAI LUN v. KONG HING WAH formerly trading as E AND C-T ENGINEERING CO AND ANOTHER
- Citation
- [2023] HKDC 1158
- Court
- District Court
- Case number
- DCEC1402/2019
The court dismissed the applicant's appeal. It held that no special circumstances under s9(1A) ECO were established to justify applying the Paper Mills Formula and that, where only the employee has appealed against the Board's Certificate of Review (Form 9), the Form 9 remains the operative evidence on quantum; the available expert evidence did not justify varying the Board's assessment of 4% loss of earning capacity. Therefore the Form 9 assessment of 4% was adopted and compensation was calculated accordingly under ss9,10 and 10A.