Hong Kong Case Law: Decisions & Judgments

Topic

Temporary incapacity (s10)

Legal area

Court

30 Apr 2026

徐東文對萬隆工程控股有限公司（前稱雍盛設計裝飾工程有限公司）

Citation

[2026] HKDC 728
Court

District Court
Case number

DCEC2025/2024

Court accepted applicant's evidence of daily wage HKD1,600 and average 25 working days per month (monthly HKD40,000); accepted Form 9 as conclusive evidence of 3% permanent loss and 434 days temporary incapacity; respondent failed to rebut s10(2) presumption and default judgment on liability stands; compensation awarded as calculated: permanent loss HKD76,896; temporary incapacity HKD462,933.33; medical HKD1,340; total HKD541,169.33 with interest and costs.
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.
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

徐東文 對 萬隆工程控股有限公司（前稱雍盛設計裝飾工程有限公司）

HUSSAIN ASIM v. SZE WING CHUEN

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

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

徐東文對萬隆工程控股有限公司（前稱雍盛設計裝飾工程有限公司）