Hong Kong Case Law

29 Oct 2015

NG TING CHEUNG v. 葉維新

Citation

NG TING CHEUNG v. 葉維新

Court

District Court

Case number

DCEC1665/2014

Applicant's unchallenged evidence of prior earnings was accepted; average monthly earnings were fixed at HK$14,500; applying Form 7 (2% permanent loss) and statutory formulae the court awarded HK$20,880 under section 9, HK$80,077.42 under section 10 and HK$4,667 under section 10A, totalling HK$105,624.42, with interest at 4% from 12 October 2013 and costs to the applicant to be taxed (applicant's own costs taxed under Legal Aid Regulations).

• Employees' compensation ordinance
• Assessment of earnings under section 11
• Permanent partial incapacity (section 9)
• Temporary incapacity (section 10)
• Medical expenses (section 10a)
• Costs and interest

30 Mar 2007

OR YAM YEUNG v. HUNG SAI SZE t/a 明港工程

Citation

OR YAM YEUNG v. HUNG SAI SZE t/a 明港工程

Court

District Court

Case number

DCEC386/2006

The court preferred the orthopaedic expert Dr. Tsoi's conclusion of 2% whole person loss (and 2% loss of earning capacity) over the Ordinary Board's 0.5%, substituted the Board's assessment under Section 18, applied Section 9(1)(b) to calculate compensation as 2% of the Section 7 entitlement, rejected the respondent's allegation of an $8,400 further payment, awarded Section 9 compensation of $23,520 and Section 10A medical expenses net $130, and ordered payment of $23,650 plus interest and costs.

• Employees' compensation ordinance
• Assessment of compensation
• Permanent partial incapacity (section 9)
• Medical expenses (section 10a)
• Section 18 appeal

PRENG EING CHIAU v. HATCH & TURK HEALTH CENTRES LTD

Citation

PRENG EING CHIAU v. HATCH & TURK HEALTH CENTRES LTD

Court

District Court

Case number

DCEC134/1977

On the balance of probabilities the court found the applicant's incapacity to use her right arm resulted from the workplace accident via a psychiatric conversion/functional paralysis caused by the injury; claim under Section 10 succeeded for past total temporary incapacity and a short lump sum, while claim under Section 9 for permanent disability failed because medical evidence did not establish any permanent organic disability.

• Causation
• Permanent partial incapacity (section 9)
• Total temporary incapacity (section 10)
• Compensation neurosis/functional paralysis
• Assessment of quantum