16 Dec 2019
Court accepted Dr Lee's evidence that the applicant has 3% loss of earning capacity, increased the MAB assessment from 1% to 3%, and awarded statutory compensation calculated under s9(1)(b), s10 and s10A accordingly, with interest and costs.
13 Jun 2013
On a de novo assessment the court found the applicant retained some capacity for light or sedentary work but, considering age, limited education, impaired mobility, visible disability and special circumstances under s9(1A), his permanent loss of earning capacity was 80%; multiplier 72 applied to pre-accident income $13,075 produced s9 award $753,120; s10 award for 550 days sick leave was $191,766.67; appeal under s18 allowed and Assessment Board figure increased to 80%.
23 Apr 2013
The appeal court held that the judge's award of full loss of earnings for the entire 32 months was unsustainable because after the MAB‑approved sick leave the joint medical evidence showed the plaintiff was fit for light work; the plaintiff failed to adduce evidence of attempts to mitigate; therefore the award was reduced and substituted with a quantified assessment of loss: HK$140,000 loss of earnings and HK$7,000 MPF.
17 Jun 2011
The Scheme, properly construed, delegates the medical determination of whether an applicant is 'severely disabled' to specified medical officers/assessment boards; the Director and the SSAB lawfully relied on those medical certifications and did not unlawfully delegate, fetter their discretion or act irrationally in rejecting the applicant's claims; consequently the challenged decisions were lawful and the appeal is dismissed.
20 Sept 2010
The application is dismissed because the social security scheme expressly allocates medical determination of 'severely disabled' to medical practitioners and the independent Medical Assessment Board; the Director and the Appeal Board acted within the Scheme by relying on those medical determinations and did not unlawfully delegate, fetter discretion or fail to take relevant considerations within their allocated functions.
17 Mar 2010
The court found the 1st Plaintiff to be an unreliable witness who had exaggerated his condition and given inconsistent accounts of pre-accident employment; it accepted Dr Chun's medical assessment, found the plaintiff was most likely a self-employed shrimp farmer with probable part-time earnings of RMB 3,000, allowed a 13-month sick leave loss, awarded PSLA $350,000, pre-trial loss $44,070, loss of earning capacity $100,000, past receipted medical expenses $34,236.74 and tonic $3,390, credited Employees Compensation $185,000, assessed net damages of $346,696.74, and ordered interest and costs…
13 Nov 2009
On the balance of probabilities the court found the applicant was an employee of the respondent at the time of the accident. The court preferred the applicant's and supporting witness's evidence, found respondent's documentary evidence and subletting claim unreliable and unsupported, applied the multi-factor employment test endorsed by the Court of Final Appeal and the Privy Council, and therefore held the respondent liable for compensation as assessed.
27 Nov 2007
Court accepted joint medical opinion that injuries were soft tissue contusions with minimal or no permanent impairment and found claimant exaggerated symptoms in light of surveillance footage and medical records; awarded moderate PSLA ($50,000), pre-trial earnings for agreed sick leave (9.4 months) and agreed special damages, set off ECC payment, and declined awards for future loss of earnings or loss of earning capacity.
20 Dec 2006
Applicant proved entitlement to 10 days' sick pay and recoverable medical expenses; court awarded $3,200 for loss of earnings and $417 for medical expenses (total $3,617), ordered interest from 16 November 2003 at half judgment rate until 20 December 2006 and judgment rate thereafter until payment, and ordered respondent to pay costs to be taxed with certificate for counsel.
28 Dec 2004
The court held that the 2nd Respondent (Mr Yang) was not personally liable because the employer was a limited company (or companies) operating Tin Sum and the director's involvement did not pierce the corporate veil or create an employer/employee relationship; the 1st Respondent was liable and quantum was set adopting the claimant's accepted salary and the medical assessor's 5% loss of earning capacity leading to an award totalling HKD 117,534 plus interest and costs.