Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 18 appeal against board assessment

Legal area

Court

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.
12 Oct 2022

LAM MAN WAI AD v. ONTIME CORPORATION LTD

Citation

[2022] HKDC 1090
Court

District Court
Case number

DCPI2649/2020

Court preferred the respondent's expert evidence on disability and the documentary payroll records over claimant's uncorroborated cash income allegation; upheld the Board's 0.5% permanent loss of earning capacity; rejected uplift of income to HK$33,000 due to lack of evidence; awarded statutory and common law damages as quantified and dismissed claimant's s18 appeal.