8 Oct 2009
YU TAT KAM v. CHU TUNG SHING AND ANOTHER
- Citation
- YU TAT KAM v. CHU TUNG SHING AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV25/2008
s.10(2) creates a rebuttable operative presumption of total temporary incapacity for the certified period for the purposes of claim initiation, but does not preclude reductions under s.10(1); the employer bears the burden of proving actual earnings or capability to earn during the certified period, and proven earnings must be accounted for in the s.10 calculation. On those principles the district court award was set aside and the correct s.10 award was calculated and entered for the applicant.