9 Jan 2024
CHENG SAI WANG v. HONG KONG PEARL LOGISTICS COMPANY LTD AND ANOTHER
- Citation
- [2024] HKDC 50
- Court
- District Court
- Case number
- DCPI1516/2022
Court accepted claimant's factual evidence and monthly earnings of HK$29,000; treated Board certificate of 5% loss of earning capacity as conclusive and awarded s.9 compensation HK$139,200. Exercising discretion under s.10(5) the court extended temporary incapacity to full 36 months and assessed s.10 compensation net at HK$749,400 after accounting for earnings during sick leave and prior lump sum payments. s.10A medical expenses awarded HK$5,463. For DCPI action the court preferred Dr. Hung's opinions over Dr. Ko regarding impairment and sick leave, assessed PSLA at HK$350,000, pre-trial loss…
- S.9, s.10, s.10a eco compensation
- S.10(5) discretionary extension of temporary incapacity
- Board certificate finality under s.16f/16h eco
- Mitigation of damages (refusal of surgery)
- Admissibility of joint medical report
- Surveillance evidence