Hong Kong Case Law: Decisions & Judgments

Topic

Assessment board review

Legal area

Court

23 Nov 2021

LAW SIN HA v. CONFIDENTIAL MATERIALS DESTRUCTION SERVICE LTD

Citation

[2021] HKDC 1456
Court

District Court
Case number

DCEC387/2017

Court found applicant suffered compensable psychiatric impairment causally linked to the accident, rejected respondent's allegation of malingering as a complete disproof, affirmed the MAB/Form 9 findings (21.5% permanent loss), accepted inclusion of recurrent bonuses (excluding MPF and one misallocated bonus) in pre-accident earnings, accepted the Form 9 certified sick leave period, and calculated awards under ss9,10 and 10A accordingly.
15 Apr 2003

CHAN SHUN v. SHUN FAT WOODWORD CO AND OTHERS

Citation

CHAN SHUN v. SHUN FAT WOODWORD CO AND OTHERS
Court

District Court
Case number

DCEC397/2001

Certified sick leave and the Assessment Board's findings engaged s10(2) making the certified absence a period of total temporary incapacity; a one‑day gap did not defeat continuity; applying the Court of Appeal authority in Choy Wai Chung the court extended the temporary compensation period to 8 May 2002 and ordered payment of the outstanding sums because respondents failed to rebut the certified medical evidence.
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.

Hong Kong Case Law

LAW SIN HA v. CONFIDENTIAL MATERIALS DESTRUCTION SERVICE LTD

CHAN SHUN v. SHUN FAT WOODWORD CO AND OTHERS

Kong Yuk-man v. Centro Digital Pictures Ltd.