Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Pre-accident earnings

Legal area

Court

6 Jul 2020

LO CHI YUNG KYO 對 YAT SING DESIGN DECORATION ENGINEERING LTD

Citation

[2020] HKDC 479
Court

District Court
Case number

DCEC2145/2018

Because the respondent failed to comply with a court order and produced no evidence to rebut the applicant's uncontested evidence of earnings and treatment, the court accepted the applicant's stated pre-accident income and applied the Employees' Compensation Ordinance formulas to calculate compensation: permanent loss 4% of earning capacity cap, temporary incapacity for 395 days, medical expenses, and awarded interest and costs accordingly.
2 Nov 2011

ZHENG SHUANGXIU v. SHUN LEE HING INDUSTRIES CO LTD

Citation

ZHENG SHUANGXIU v. SHUN LEE HING INDUSTRIES CO LTD
Court

District Court
Case number

DCEC1098/2009

Both orthopaedic experts agreed that the loss of earning capacity exceeded the MAB assessment; the court accepted the joint expert evidence and the applicant's evidence on earnings and incapacity, fixed loss of earning capacity at 20%, adopted HK$13,000 as monthly pre-accident earnings, accepted 992 sick days and net medical expenses of HK$1,227, and calculated total compensation of HK$594,720 with interest and costs.