25 Apr 2023
陳華伙 對 陳劍偉經營小海灣飲食
- Citation
- [2023] HKCA 598
- Court
- Court of Appeal
- Case number
- CACV409/2021
The appeal is dismissed. The purported HK$30,000 settlement was invalid under s31(1) of the Employees' Compensation Ordinance because there was no Commissioner authorization under s31(2); where material facts are disputed the parties cannot rely on an unapproved settlement to negate statutory compensation. The District Judge was entitled to treat the Committee's findings as non‑binding, accept the medical expert evidence and assess temporary incapacity as 546 days and a higher permanent loss of earning capacity on the evidence; those assessments were not plainly wrong.