Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Suspension and forfeiture of compensation

Legal area

Court

24 Dec 2018

LIU WEIGUANG v. LI KENG KO AND ANOTHER

Citation

[2018] HKDC 1496
Court

District Court
Case number

DCEC250/2017

The applicant failed to show reasonable cause for refusing the s16 medical examination; the statutory sanction in s16(4) operates to disentitle the employee to compensation where the failure extends beyond 15 days unless reasonable cause is established; the reasons put forward (unstable condition, preference for joint examination, related High Court action) were not reasonable causes within s16 and the claim was dismissed.
7 Aug 2018

CHEUNG SAU LIN v. TSUI WAH EFFORD MANAGEMENT LTD

Citation

[2018] HKDC 941
Court

District Court
Case number

DCEC2438/2014

Applicant failed to attend the scheduled medical examination on 25 November 2014; under the plain reading of s16(4) her right to compensation was suspended on that date and, as the failure extended beyond 15 days with no reasonable cause shown and no compliance with s16(3), no further compensation was payable; respondent did not breach s10(3); claim dismissed and costs awarded to respondent.