Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Apportionment for pre-existing conditions

Legal area

Court

27 Aug 2015

CHAN LEUNG SING v. NG KEUNG AND ANOTHER

Citation

CHAN LEUNG SING v. NG KEUNG AND ANOTHER
Court

Court of First Instance
Case number

HCPI3/2012

Contributory negligence plea rejected because plaintiff used the ladder provided after requesting a platform and there was no evidence a platform was available; plaintiff found capable of returning to employment from 20 August 2010 based on contemporaneous medical notes; awarded PSLA HK$150,000; awarded specified pre-trial loss of earnings (HK$72,600 and HK$79,200) and three months' allowance (HK$39,600) plus MPF loss (HK$9,570) and special expenses (medical, tonic food HK$10,000, travel); rejected mechanical 50% apportionment to pre-existing degeneration and did not award post-25 Sep 2010 lo…
24 Mar 2011

ANSAR MOHAMMAD v. GLOBAL LEGEND TRANSPORTATION LTD

Citation

ANSAR MOHAMMAD v. GLOBAL LEGEND TRANSPORTATION LTD
Court

Court of Appeal
Case number

CACV162/2010

The Master was entitled to find on the balance of probabilities that the plaintiff had pre-existing degenerative vulnerability at L5/S1 and that the accident either caused or materially worsened the disc condition; the Court of Appeal will not disturb the Master's factual findings absent clear error, but will adjust quantum where appropriate — accepting a 10% post-accident salary increase as evidenced and awarding a global sum for loss of earning capacity of $30,000.