3 Oct 2025
The Court accepted the expert opinion that the Applicant sustained a 2% permanent loss of earning capacity, applied 72 months' reference earnings of $23,000/month, and awarded section 9 compensation of $33,120; payments of salary during sick leave are not deductible and interest and costs were ordered.
6 Mar 2024
Court assessed LOEC by aggregating disciplines (orthopaedic 2%, psychiatric 12.5%, neurologic 20% = 34.5%) but found special circumstances under s9(1A) and applied the Paper Mills Formula because the Applicant could not resume pre‑injury work and the appropriate alternative job (lavatory cleaner) had a substantially lower wage (HK$10,636) producing a 61.33% earnings loss; Section 9 award: HK$1,619,112. Court exercised discretion under s10(5) to extend periodic payments to 36 months and, lacking comparable employees, applied CPI adjustments under s11(1A)(b) and s11(1B)(b) (+1.7% and +1.9%) to…
11 Apr 2023
In the absence of any objection to the statutory Certificates of Assessment, the court adopted those certified amounts for sections 9 and 10, allowed the claimed section 10A medical expenses in full, credited the advanced payment of HK$115,650 and awarded the net sum of HK$152,265.99 together with interest and costs.
12 Jan 2022
All three respondents were held liable based on admissions and evidence of employment and subcontracting; the court accepted the applicant's medical and expert evidence (Dr Wong) and assessed permanent loss of earning capacity at 4%; statutory compensation was calculated accordingly and awarded together with medical expenses, interest and costs.
21 Oct 2021
The court granted rehearing and varied its earlier assessment to reflect the legal principle that s.9 and s.10 awards are to be kept separate per Kan Wai Ming, resulting in an adjusted net award of HK$52,697.80 to the applicant, with interest at half judgment rate from 11 January 2015 to judgment and judgment rate thereafter; the costs order nisi was maintained.
31 May 2021
Court found applicant had exaggerated physical and psychiatric complaints, preferred respondent's experts on extent of permanent impairment, assessed orthopaedic permanent loss at 2% and psychiatric permanent loss at 0%, endorsed six months' sick leave, and calculated compensation accordingly; Board's 4% figure was not binding given s18 appeal and court started afresh on evidence.
4 Mar 2021
With interlocutory judgment on liability entered, the court may order an interim payment under Order 29 r11(1)(b); on the evidence the applicant is likely to recover section 9 compensation of $37,843.20, advance payments were made under s10 and are not deductible from s9, and a reasonable proportion as interim payment is $25,000; costs to applicant ordered nisi to be assessed summarily.
19 Feb 2021
The court upheld the Board's assessment of 0.1% permanent loss of earning capacity. The medical evidence showed only minimal residual signs, satisfactory recovery and little objective impairment; the applicant's pre-accident driving fatigue and the minor nature of current symptoms meant there was no material reduction in earning capacity. Accordingly section 9 compensation was assessed at HKD 1,080, section 10 at HKD 9,600 and section 10A at HKD 4,260 (total HKD 14,940). Interest was ordered at half the judgment rate from 7 April 2016 to the date of judgment and at judgment rate thereafter un…
23 Dec 2020
Applicant's evidence was found incredible and unreliable; he failed to discharge the burden to prove employment and that the injury arose in course of employment and therefore the claim was dismissed. Legally, if liability had been established the court would exercise s.2(2) discretion for lawful work and, once exercised, would assess quantum without regard to the claimant's unlawful status (affecting s.9 and s.10 assessments).
18 Jul 2011
Court accepted applicant's account and found the accident occurred in the course of employment on 30 March 2008; liability established under s5. Court preferred orthopaedic expert Dr Lam's objective, finding minor soft tissue sprain and accepted MAB's 3% permanent loss assessment; dismissed section 18 appeal. Court awarded section 9 compensation of HK$30,456, section 10 periodical payments for 24 months totalling HK$270,720, and section 10A medical expenses HK$6,225, credited prior payments and ordered total judgment sum HK$34,369.10 with interest and costs; declined to extend section 10 paym…