Hong Kong Case Law: Decisions & Judgments

Topic

Temporary total incapacity

Legal area

Court

25 Nov 2024

HO SAI KIT v. YUEGANG (ZHONGBANG) CROSS-BORDER LOGISTICS CO LTD

Citation

[2024] HKDC 1863
Court

District Court
Case number

DCEC737/2022

Apply the Sixth Schedule monthly earnings cap of HK$35,600; calculate s9 compensation as HK$35,600×72×15% = HK$384,480; extend temporary total incapacity to 33 months 12 days on medical evidence and relevant authority and calculate s10 periodic payments as HK$42,859.76/30×1,016 days×4/5 = HK$1,161,213.76; award medical expenses of HK$7,106; order payment of total HK$1,552,799.76 plus interest and costs as directed.
14 Jun 2022

陳冬花對楊潮明

Citation

[2022] HKDC 532
Court

District Court
Case number

DCEC2636/2019

Court accepted unchallenged expert opinion of Dr Lau that the claimant suffered 2% permanent loss of earning capacity from the hand injuries; computed s9 compensation $33,696, s10 compensation $197,184 based on 316 certified days, and s10A medical expenses $3,662; deducted $81,885 previously paid, yielding net award $152,657 plus interest; respondent liable to pay and ordered to pay interim costs subject to assessment if not agreed.
6 Jul 2020

LO CHI YUNG KYO 對 YAT SING DESIGN DECORATION ENGINEERING LTD

Citation

[2020] HKDC 479
Court

District Court
Case number

DCEC2145/2018

Because the respondent failed to comply with a court order and produced no evidence to rebut the applicant's uncontested evidence of earnings and treatment, the court accepted the applicant's stated pre-accident income and applied the Employees' Compensation Ordinance formulas to calculate compensation: permanent loss 4% of earning capacity cap, temporary incapacity for 395 days, medical expenses, and awarded interest and costs accordingly.
1 Aug 2019

TAM CHOI LING 對 KIDSWORLD INTERNATIONAL LTD

Citation

[2019] HKDC 1000
Court

District Court
Case number

DCEC1487/2012

Court accepted Form 7 and expert evidence to hold permanent loss of earning capacity at 4.5%; held temporary incapacity period at 44.5 days; monthly income at time of accident is $13,000 per payroll/contract and s11(a) applies; medical expenses recoverable under s10A(3) limited to treatment up to experts' joint examination date 2013-10-04 amounting to $10,070; deducted prior payments of $23,895.95 (rounded to $23,896) resulting in net compensation payable of $43,721 plus interest; respondent to pay costs as ordered.
20 Jul 2018

WONG YAT PING v. CARITAS – HONG KONG

Citation

[2018] HKDC 857
Court

District Court
Case number

DCEC2123/2015

The respondent failed to rebut the statutory presumption in ECO s10(2) in respect of the six sick leave certificates issued April–May 2015 because there was no evidence those certificates were issued solely on subjective symptoms without independent clinical assessment, earlier medical reports relied upon by the respondent predated the certified period and did not address the April–May 2015 consultations, and the respondent's acceptance of the Form 9 concessions undermined the weight of earlier contrary opinions; accordingly the additional 41 days are included for s10 compensation calculation.
30 Apr 2015

TANG PAK LAM v. KAM HING DECORATION ENGINEERING LTD AND ANOTHER

Citation

TANG PAK LAM v. KAM HING DECORATION ENGINEERING LTD AND ANOTHER
Court

District Court
Case number

DCEC1322/2013

Court started afresh, gave limited weight to expert's percentage opinion due to lack of functional testing and absence of explanation, relied on total evidence including Form 7 and claimant's return to work; concluded permanent loss of earning capacity is 10% and permitted 3 months temporary total incapacity for s10 calculation.
20 Oct 2003

TO YING WA v. TSANG WOON CHEUNG

Citation

TO YING WA v. TSANG WOON CHEUNG
Court

District Court
Case number

DCEC390/1999

The court assessed the applicant's permanent loss of earning capacity as equivalent to 5% of the loss of the whole right foot (using the First Schedule scale of 55% for whole foot), yielding a section 9 award of HK$44,880 (HK$17,000 x 96 months x 55% x 5%). The court accepted incapacity for 80 days and awarded temporary total incapacity under section 10 of HK$36,266 (calculation: HK$17,000 x 4/5 x 80/30) and medical expenses under section 10A of HK$948. Interest was ordered at half the judgment rate from issue to date and at the judgment rate thereafter. Costs were awarded to the applicant an…
15 Apr 2002

Kong Yuk-man v. Centro Digital Pictures Ltd.

Citation

Kong Yuk-man v. Centro Digital Pictures Ltd.
Court

District Court
Case number

DCEC774/2001

Because independent medical evidence (Dr Lee) was found prima facie compelling and raised a real risk that further periodical payments would be unjustified and potentially irrecoverable, the court held that s.10(2) deeming does not automatically mandate extension; balancing the interests requires refusal of the interim payment application and directing trial to resolve the disputed medical issues.
24 Jul 2001

Yeung Kei Sing v. Hing Lung Construction Co. Ltd. and Another

Citation

Yeung Kei Sing v. Hing Lung Construction Co. Ltd. and Another
Court

District Court
Case number

DCEC427/2000

Medical evidence established that the applicant remained temporarily totally incapacitated as a recurrence caused by the 17 May 1998 injury and the statutory presumption in s10(2) applied; accordingly the court exercised its power under s10(5) to extend periodical payments for a further 12 months.
4 Jan 1974

LEUNG KAM-MUM v. FREEDOM WEAVING & DYEING FACTORY LTD (IN RECEIVERSHIP)

Citation

LEUNG KAM-MUM v. FREEDOM WEAVING & DYEING FACTORY LTD (IN RECEIVERSHIP)
Court

District Court
Case number

DCEC150/1973

The middle finger was of no significant use for earning a living and in practice impeded the applicant; accordingly the injury is to be treated as the loss of index, middle, ring and little fingers under S.9(1)(a) giving 40% incapacity, monthly earnings assessed at $900 and compensation calculated accordingly including allowance for temporary total incapacity.