Lai Kwok Fai v. 陳子揚 t/a 迪高公司

DCEC54/2001

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES' COMPENSATION CASE NO. 54 OF 2001

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Judgment

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Assessment:

1. The applicant's accident happened on 3 March 2000. The application is dated 23 January 2001. Interlocutory judgment on liability was handed down on 12 April 2002.

2. The applicant has given evidence before me. He says that he was born on 22 June 1965 and that his age at the date of the accident was 44 years. His pre-accident earnings were $22,500 per month.

3. He has been assessed by the Board in Form 7 as having a left ring finger injury resulting in left ring finger distal interphalangeal joint ankylosis and left middle finger donor site pain. The period of absence from duty necessary as a result of the injury is from 3 March to 31 August 2000. He has a permanent loss of earning capacity of 1.5%.

4. He says that he had medical expenses of about $200. He also claimed physiotherapy charges of about $4,000. I said I was not prepared to accept such a figure without written proof. The applicant said he would abandon this part of the claim.

5. I accept all this evidence.

Permanent partial incapacity: section 9:

The applicant was aged 44. He is entitled to 72 months' earnings or minimum amount of compensation times the percentage disability.

Calculation: 72 x $22,500.00 = $1,620,000.00 x 1.5% = 24,300.00.

Temporary incapacity: section 10: this is calculated as four fifths of the earnings, or maximum allowed by statute, for the period of disability. In this case the maximum allowed by statute is $21,000.00 per month.

Calculation: $21,000.00 x 4/5 x 5 months and 29 days = $99,716.00

Medical expenses under section 10A: $200.00.

The total award is therefore $124,216.00. To this falls to be added interest at 2% from the date of the accident on the section 9 and 10 awards which I calculate at $5,788.46 and interest at half judgment rate on the section 10A award from the date of the application, which I calculate at a round figure of $12.00. The total is therefore $130,016.46.

6. Judgment in favour of the applicant for $130,016.46 with interest thereon at the judgment rate from the date of judgment until payment, and the costs of the action to be taxed if not agreed.