Hong Kong Case Law: Decisions & Judgments

Topic

Permanent partial incapacity (s9)

Legal area

Court

27 May 2022

HUSSAIN ASIM v. SZE WING CHUEN

Citation

[2022] HKDC 509
Court

District Court
Case number

DCEC1246/2020

The court accepted the applicant's uncontested evidence that he was a casual daily-paid construction worker earning $1,000 per day and working on average 26 days per month, applied the second limb of s11(2) to fix monthly earnings at $26,000, adopted the Board's 4% permanent loss and certified temporary incapacity of 441 days, applied the statutory multiplier and formulas under s9, s10 and s10A of the Employees' Compensation Ordinance (Cap.282) and awarded the calculated sums with interest and costs.
14 Apr 2022

KWOK SHIU MAN v. KONG HING WAH formerly t/a E AND C-T ENGINEERING CO

Citation

[2022] HKDC 264
Court

District Court
Case number

DCEC1524/2019

Court accepted the medical expert Dr Fu's opinion and found 3% permanent loss of earning capacity; used applicant monthly earnings $18,750 (lesser than statutory Sixth Schedule cap) to calculate s9 compensation of $54,000; awarded s10 temporary incapacity $111,500 for 223 certified days; awarded s10A medical expenses $685; credited periodical payments $63,500; net award $102,685 with interest at half‑judgment rate from 27 June 2017 to judgment and judgment rate thereafter; costs order nisi with certificate of counsel and taxation of applicant's own costs under Legal Aid Regulations.
2 May 2018

WU XINGQUN 對 CHAN KING WAI t/a HOP HING ENGINEERING CO

Citation

[2018] HKDC 464
Court

District Court
Case number

DCEC1842/2015

Court accepted applicant's uncontested monthly income of HKD21,000, applied CPI adjustments per s11 for year-by-year earnings, accepted orthopaedic expert evidence that applicant cannot return to former manual work and that special circumstances exist to invoke s9(1A) and applied the Hong Kong Paper Mills formula to quantify permanent loss (s9); treated certified absence as temporary total incapacity under s10 for over 3 years and awarded medical expenses under s10A; deducted sums already paid and ordered payment of the net sum with specified interest rates and costs to the applicant.
28 Apr 2015

LEE KA ON v. YAN LAI KAR t/a LI KEI ENGINEERING CO

Citation

LEE KA ON v. YAN LAI KAR t/a LI KEI ENGINEERING CO
Court

District Court
Case number

DCEC2077/2012

Because the applicant's unrebutted evidence established the injury occurred in the course of employment, the court applied section 11(1)(b) to accept monthly earnings of $23,400, accepted Dr Tsoi's opinion of a 6-month incapacity thus awarding temporary incapacity under section 10 of $112,320, applied the Sixth Schedule cap of $21,500 under section 7(1)(b) to compute permanent partial (4%) under section 9 as $61,920, disallowed claimed outpatient analgesic costs under section 10A/10AB, and awarded total assessed compensation of $174,240 plus interest and costs as ordered.

Hong Kong Case Law

HUSSAIN ASIM v. SZE WING CHUEN

KWOK SHIU MAN v. KONG HING WAH formerly t/a E AND C-T ENGINEERING CO

WU XINGQUN 對 CHAN KING WAI t/a HOP HING ENGINEERING CO

LEE KA ON v. YAN LAI KAR t/a LI KEI ENGINEERING CO