Hong Kong Case Law: Decisions & Judgments

Topic

Pre-existing medical condition

Legal area

Court

24 Apr 2024

LAW ON TONG v. THE CHINA ENGINEERS, LTD

Citation

[2024] HKDC 651
Court

District Court
Case number

DCPI927/2022

Leave to adduce a supplemental joint neurosurgical expert report was refused because the joint experts had considered the available MRI reports and gave an unequivocal, unambiguous opinion that no pre-existing condition contributed to the accident or impairments; the defendant failed to show necessity or ambiguity in that opinion, the application was late and would cause undue delay and prejudice, and therefore the appeal was dismissed with costs.
9 Jul 2010

ANSAR MOHAMMAD v. GLOBAL LEGEND TRANSPORTATION LTD

Citation

ANSAR MOHAMMAD v. GLOBAL LEGEND TRANSPORTATION LTD
Court

Court of First Instance
Case number

HCPI1057/2007

The court preferred the defendant's expert evidence over the plaintiff's on credibility and completeness; found the accident caused or worsened an L5/S1 disc injury (prolapse/desiccation) but the claimant had significant pre-existing multi-level degenerative change that was likely asymptomatic and would probably progress to cause symptoms in future; accordingly damages awarded with a reduced multiplier for future earnings and deductions for amounts already received.
22 Jan 2002

TANG SIU CHUN v. YAN CHUNG YEE AND OTHERS

Citation

TANG SIU CHUN v. YAN CHUNG YEE AND OTHERS
Court

District Court
Case number

DCEC702/1999

Applicant failed to prove there was an accident causing the death because there was no evidence of any specific act or triggering event at the relevant time; death from a spontaneous myocardial infarction attributable to pre-existing coronary disease was not established as an accident arising from employment, therefore claim dismissed.
23 Mar 2001

O-Anan, Umphai v. The National Lacquer and Paint Products Co. Ltd.

Citation

O-Anan, Umphai v. The National Lacquer and Paint Products Co. Ltd.
Court

District Court
Case number

DCEC103/1998

On the balance of probabilities the deceased undertook moderate physical exertion while painting which elevated his blood pressure sufficiently to place stress on the pre-existing aneurysm and cause its rupture; therefore the death resulted from a combination of disease and employment and the respondent is liable under s5 of the Ordinance.

Hong Kong Case Law

LAW ON TONG v. THE CHINA ENGINEERS, LTD

ANSAR MOHAMMAD v. GLOBAL LEGEND TRANSPORTATION LTD

TANG SIU CHUN v. YAN CHUNG YEE AND OTHERS

O-Anan, Umphai v. The National Lacquer and Paint Products Co. Ltd.