19 Dec 2018
WU NAI SANG v. FELLOWSHIP ENGINEERING LTD AND OTHERS
- Citation
- [2018] HKCA 985
- Court
- Court of Appeal
- Case number
- CACV199/2016
The Court allowed the appeal because s11(1) mandates using the month immediately preceding the accident when that gives a higher monthly earning for the employee ($20,425 vs $16,500), and the 6th Schedule cap for medical expenses must be the figure at the date of the accident ($422,000), leading to substituted and increased compensation figures; the aggregate loss exceeded 100% so permanent total incapacity was correctly deemed.