26 Oct 2010
HUI CHI FAI v. TO KA SENG AND OTHERS
- Citation
- HUI CHI FAI v. TO KA SENG AND OTHERS
- Court
- District Court
- Case number
- DCEC1516/2009
The court held that the Applicant's monthly earnings at the time of the accident were HK$8,800 (HK$400 x 22 days) applying s.11(2) because of the casual nature and short engagement with the 1st Respondent; s.11(4) (apprenticeship deeming) did not apply as there was no contract of apprenticeship; s.9(1A) was not engaged because the Applicant's reduced post-accident earnings resulted from lack of confidence and not special circumstances or physical incapacity; the court replaced the Board's 2.5% assessment with 4% loss of earning capacity and awarded compensation accordingly.