Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Temporary incapacity (sick leave)

Legal area

Court

2 Sept 2020

YIM TIFFANY SONJA formerly known as YIM SHUK YIN v. HONG KONG AIRCRAFT ENGINEERING CO LTD

Citation

[2020] HKDC 694
Court

District Court
Case number

DCEC357/2015

Judge found the applicant grossly exaggerated symptoms and preferred opinions of Dr Kou and Dr Law that the orthopaedic injury was minor and psychiatric disorder mild; employer had rebutted the presumption of prolonged incapacity by evidence including surveillance and inconsistent medical records; accordingly reduced assessment to 3% loss of earning capacity (1% orthopaedic, 2% psychiatric) and certified 9 months' sick leave (6 months orthopaedic, 3 months psychiatric); because advanced payments already exceeded the assessed entitlement no further sum was payable and the application was dismi…
28 Aug 2019

CHEUNG YEE MAN ANDY v. LUX\'S INTERNATIONAL LTD t/a COUP DE FOUDRE

Citation

[2019] HKDC 1146
Court

District Court
Case number

DCEC2691/2016

Court accepted applicant's contractual monthly earnings of HK$11,500 as includible under s3 and computable under the lesser period provision of s11(1) given employment of three days and absence of contrary employer evidence; accepted medical experts' combined orthopaedic (3%) and psychiatric (4%) assessments to set aggregate 7% loss of earning capacity, allowed applicant's appeal against the Board's 1.5% assessment, and computed statutory compensation under sections 9, 10 and 10A resulting in net award of HK$263,024 after deducting advance payment.