15 Sept 2001
CHAN KAM WING v. ESPRIT CONTAINER TRANSPORTATION (CHINA) LTD.
- Citation
- CHAN KAM WING v. ESPRIT CONTAINER TRANSPORTATION (CHINA) LTD.
- Court
- District Court
- Case number
- DCEC4/2000
On the objective facts the Applicant was an employee: he did not provide equipment, could not substitute or subcontract, was dependent exclusively on the Respondent for work, bore no commercial risk, and the Respondent controlled allocation of work; therefore the accident occurred in the course of employment and Respondent is liable. On quantum the medical evidence and unchallenged factual evidence of post-accident earning capacity established 'special circumstances' under s.9(1A), justifying application of the Hong Kong Paper Mills formula and assessment of loss of earning capacity at 70%, w…