Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statutory compensation under sections 9,10,10a

Legal area

Court

25 Feb 2025

ZAFAR SIKANDAR v. CHARMING CONSTRUCTION ENGINEERING HONG KONG COMPANY LTD

Citation

[2025] HKDC 187
Court

District Court
Case number

DCEC324/2023

The Court applied the exclusive statutory formula in s.11 ECO and, under s.11(7), included concurrent earnings from a related employer (Yuk Yat) because the claimant had concurrent contracts performing the same work; it fixed monthly earnings at HK$19,700, applied the Form 9 loss of earning capacity (1.5%) and certified sick leave and medical expenses to compute statutory compensation under ss.9,10 and 10A, deducted prior payment of HK$9,100 and ordered the respondent to pay the balance with interest and costs.
3 Apr 2008

WAN CHUEN HOI v. WING SHUN ENGINEERING TRANSPORTATION LTD

Citation

WAN CHUEN HOI v. WING SHUN ENGINEERING TRANSPORTATION LTD
Court

District Court
Case number

DCEC1059/2007

Because the respondent defaulted and service was proved, the court accepted Dr Lam's unchallenged medical opinion that claimant's combined loss of earning capacity is 8.5%; using the respondent's tax return to calculate average monthly earnings, the court applied the statutory multiplier and calculated statutory awards under sections 9, 10 and 10A, resulting in an award of HK$203,288.07 with interest and costs.