Hong Kong Case Law: Decisions & Judgments

Topic

Sick leave assessment

Legal area

Court

3 Dec 2024

LEE MAN KIT v. TUNG CHEONG LOGISTICS (HONG KONG) LTD

Citation

[2024] HKDC 2077
Court

District Court
Case number

DCEC513/2022

With no documentary proof of actual earnings the court applied the second limb of section 11(2) and adopted the government average monthly salary for a male driver of HK$18,316.80 as the notional monthly earning; applied the statutory formulas: s9 (HK$18,316.80 x 72 x 1% = HK$13,188.10), s10 using 100 days temporary incapacity and the statutory rate (HK$18,316.80 x (100/30) x 4/5 = HK$48,844.80), and s10A medicals HK$1,988.00, yielding total compensation HK$64,020.90; interest and costs ordered accordingly.
23 Aug 2024

WONG LAM WEI HOLLY v. HOSPITAL AUTHORITY

Citation

[2024] HKDC 1372
Court

District Court
Case number

DCEC2755/2021

On the balance of probabilities the court accepted that the Applicant suffered a work-related incident on 5 January 2020 when changing bed linen which exacerbated her pre-existing back condition; however, joint medical opinion and objective evidence supported 0% permanent loss of earning capacity and limited the sick leave attributable to the accident to two days, with no compensable medical expenses after 29 April 2020; accordingly liability was established but no net compensation was payable after crediting prior periodic payments and awarding only the small s10 entitlement which was exting…
3 Jun 2024

MA YAN HUNG ELTON v. YU CHAU PUI

Citation

[2024] HKDC 799
Court

District Court
Case number

DCPI1023/2022

Late amendments to pleadings were permitted as no significant prejudice to the absent defendant was shown; the plaintiff's evidence was found to be exaggerated and contemporaneous hospital, physiotherapy and expert records were preferred; reasonable sick leave was fixed at 132 days to 25 July 2021 (121 recorded intermittent sick days plus 11 physiotherapy visits), pre-trial loss of earnings was assessed on accepted pre-accident income of HK$24,441.67 per month for 132 days resulting in $107,543, PSLA was assessed at $150,000, special damages awarded $11,000, no award for post-trial loss or lo…
31 May 2022

WONG KWEI PIU v. CHOW CHI CHEUNG t/a SUN LEE CO

Citation

[2022] HKDC 437
Court

District Court
Case number

DCEC1082/2017

On the balance of probabilities the court accepted that the claimant sustained rib fractures with residual chest pain and a mild Major Depressive Disorder caused by the accident; orthopaedic LOE assessed at 1% with 6 months sick leave, cardiothoracic injuries caused no additional LOE and sick leave extended to 17 January 2017, psychiatric MDD assessed as mild with 3% LOE and 12 months sick leave (25 Nov 2019–24 Nov 2020); aggregate LOE 4%; monthly earnings for EC purposes fixed at HKD 18,833 (including averaged bonus); statutory EC compensation under ss9/10/10A assessed and paid (net EC award…
14 Jan 2020

LIU WEIGUANG v. LI KENG KO AND ANOTHER

Citation

[2019] HKDC 1745
Court

District Court
Case number

DCPI2723/2018

Although liability was admitted, on the balance of probabilities the court found the plaintiff fell from approximately 9–10 metres and was carrying two buckets; orthopaedic injuries have largely healed with minimal residual physical impairment but the plaintiff suffers mild psychiatric symptoms attributable to the accident which limit return to his pre-accident work at heights; applying accepted methodologies for loss calculations and relevant authorities, damages are assessed and defendants ordered to pay HK$1,331,866.60 after deducting employees' compensation, with specified interest and co…
15 Apr 2019

MOHAMMAD ZARBAS formerly known as MOHAMMED ZARBAS v. 廖超能 AND ANOTHER

Citation

[2019] HKDC 516
Court

District Court
Case number

DCEC2332/2015

On the balance of probabilities the court found that Ah Chiu was the employer of the claimant and that the claimant was performing work under the contract between Ah Chiu and Wai Lun at the time of injury; accordingly Wai Lun was liable as principal contractor under section 24 E.C.O. Relief for permanent and temporary incapacity and medical expenses was awarded totalling HK$325,096.
15 May 2017

NG HIU MAN v. TRADE IN ASIA LTD

Citation

NG HIU MAN v. TRADE IN ASIA LTD
Court

District Court
Case number

DCPI2640/2013

Although the defendant breached statutory and contractual duties to maintain a safe workplace, the plaintiff failed on the balance of probabilities to prove that the alleged accident occurred as described; therefore the defendant is not liable and judgment is for the defendant.
15 May 2017

PAK SIU HIN SIMON v. J.V. FITNESS LTD

Citation

PAK SIU HIN SIMON v. J.V. FITNESS LTD
Court

Court of First Instance
Case number

HCPI574/2014

On balance the court found the plaintiff sustained only a minor contusion/soft tissue injury, that he had exaggerated symptoms and malingered; while panic disorder was accepted, it did not prevent return to pre-accident work. Accordingly the court awarded PSLA HK$150,000 and pre-trial loss HK$700,000 (7 months), nominal special damages HK$12,000, made no award for future loss or loss of earning capacity, set off employees' compensation HK$795,766.96, and ordered interest and costs as specified.
28 Oct 2016

CHENG KA YU v. MARGIN MANAGEMENT LTD

Citation

CHENG KA YU v. MARGIN MANAGEMENT LTD
Court

District Court
Case number

DCEC324/2015

The court, starting afresh as permitted by s18 and relevant authorities, accepted the joint medical opinion that the injury was a mild soft tissue neck injury with no objective findings and maximum medical improvement; surveillance footage corroborated normal activity. On the total evidence the court substituted its own assessment: permanent loss of earning capacity 0.5% and sick leave from 7 March 2013 to 21 March 2014 (379 days), resulting in net compensation HK$56,332.57, interest and costs as ordered.
21 Sept 2016

CHAN RICKY v. HUANG WEIHUANG formerly t/a EXTENSION TRADING CO

Citation

CHAN RICKY v. HUANG WEIHUANG formerly t/a EXTENSION TRADING CO
Court

District Court
Case number

DCEC1883/2012

The court accepted the Form 9 assessment of 49 days sick leave and 6% loss of earning capacity and monthly earnings of $8,500 as the basis for assessing compensation under ss 9 and 10; because the applicant failed to better the Form 9 assessment on appeal and did not rely on additional expert evidence, the appeal is unsuccessful and no costs of the appeal are payable; respondent must pay the other taxed costs of the proceedings.