9 Feb 2021
Court accepted claimant's evidence of earnings (HK$11,050/month), adopted the Assessment Board's finding of 1.5% permanent loss, and awarded statutory compensation: permanent loss HK$11,934, temporary incapacity HK$46,852, medical expenses HK$2,841, totalling HK$61,627; interest and costs ordered as specified.
11 Oct 2013
Court accepted applicant's evidence of continuous employment and average monthly earnings of HK$18,200; medical evidence established permanent total incapacity with 100% loss of earning capacity; statutory maximum under section 8 applied for domestic assistance; periodical payments under section 10 awarded for 24 months and extended to date of order; medical expenses under section 10A allowed; award totalling HK$2,188,784 with interest and costs ordered.
3 Mar 2010
The court found the accident caused or materially contributed to the claimant's impairments including limb weakness; applying LKK Trans the combined effects of the injury and pre-existing disease are compensable without apportionment; on the evidence and special circumstances claimant is effectively totally incapable of gainful employment and entitled to full awards for permanent incapacity, care and attention, temporary incapacity and medical expenses, interest and costs.
15 Apr 2003
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.
29 Nov 2000
The Court held s10(5) grants a discretionary extension up to 12 months beyond the statutory 24 months irrespective of whether permanent incapacity has already been assessed, where medical certificates and Board certification justify extending temporary payments to effect the legislative purpose of protecting temporary incapacity preceding permanent incapacity; therefore the applicant was entitled to the full additional 12 months (total 36 months).
28 Oct 1997
Applicant's monthly income was found to be $8,125; temporary total incapacity crystallised into permanent total incapacity after 21 months (not 24); compensation assessed as statutory entitlements (including 2/3 wages for 21 months for temporary incapacity) totaling $995,750, netted against periodical payments received to a judgment sum of $849,811; interest on the net judgment is awarded from date of accident at 5.84% p.a. until judgment and thereafter at judgment rate; costs awarded to Applicant.
20 May 1988
On the facts the appellant was permanently and totally incapacitated as a result of the injuries; special circumstances under section 9(1A) require applying 100% of the section 7 calculation; statutory minima increases are not retrospective so the applicable minima are those at the date of the accident; accordingly the appeal is allowed and the section 7 calculation of HK$104,680 is substituted for the lower award.