20 Jul 2018
WONG YAT PING v. CARITAS – HONG KONG
- Citation
- [2018] HKDC 857
- Court
- District Court
- Case number
- DCEC2123/2015
The respondent failed to rebut the statutory presumption in ECO s10(2) in respect of the six sick leave certificates issued April–May 2015 because there was no evidence those certificates were issued solely on subjective symptoms without independent clinical assessment, earlier medical reports relied upon by the respondent predated the certified period and did not address the April–May 2015 consultations, and the respondent's acceptance of the Form 9 concessions undermined the weight of earlier contrary opinions; accordingly the additional 41 days are included for s10 compensation calculation.