CHAN MING FUNG v. STAR WELL LOGISTICS LTD

DCEC 228/2022

[2023] HKDC 508

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 228 OF 2022

-------------------------

-------------------------

-------------------------

JUDGMENT

-------------------------

Introduction

1.  This is the trial of an application by the applicant Chan Ming Fung (“Mr Chan”) under sections 9, 10 and 10A of the Employees’ Compensation Ordinance (Cap 282) (“ECO”) for compensation for injuries to his left wrist and left elbow by reason of an accident where he slipped and fell down from the cargo compartment at Yau Ma Tei Interchange, Yau Ma Tei, Kowloon at around 2 pm on 14 February 2020 in the course of his employment for his employer Star Well Logistics Ltd (“Star Well”).

2.  Star Well has never participated in the present proceedings.  It has never entered an appearance and has not filed any documents.  On 14 March 2023, interlocutory judgment on liability was entered against it in default of filing its answer to the application.  It is also absent from today’s assessment of compensation.  I am satisfied that notice of today’s hearing has been duly served on Star Well, and that I should proceed with the trial this morning in its absence pursuant to RDC O 35 rule 1(2).

Compensation under sections 9 and 10 of the ECO

3.  On 12 April 2021, the Employees’ Compensation (Ordinary Assessment) Board issued a Certificate of Assessment and certified the extent of Mr Chan’ injuries as follows:-

(a)  Injury: left wrist and left elbow injury resulting in (i) left wrist fracture, pain and stiffness (3%) and (ii) left elbow dislocation and stiffness (5%).

(b)  Permanent loss of earning capacity caused: 8%.

(c)  Period of intermittent sick leave between 14 July 2020 and 23 March 2021: 372 days.

4.  On 2 August 2021, the Commissioner for Labour issued a Certificate of Compensation Assessment and certified the following:-

(a)  The amount of compensation under section 9 of the ECO is HK$97,081.[1]

(b)  The amount of compensation under section 10 of the ECO is HK$165,839.99.[2]

(c)  The total compensation payable under sections 9 and 10 of the ECO is HK$262,920.99.

5.  As far as I can see, neither Mr Chan nor Star Well had lodged any objection or any appeal against either certificate.  Mr Jack Chan counsel for the plaintiff confirms this morning that is the case insofar as the plaintiff is concerned.  Mr Jack Chan also confirms that his client will adopt the sums tabulated in the certificate I have described at paragraph 4 above.  In the circumstances, I see no reason not to adopt that assessment. 

Compensation under section 10A of the ECO

6.  Mr Chan claims a total of HK$4,995 for medical expenses under section 10A of the ECO.  I am satisfied that all the medical expenses claimed were paid to the government hospitals in Hong Kong for treatment of Mr Chan’s injuries, and they did not exceed the statutory limit applicable at the time of the accident.  I would allow the sum of HK$4,995 in full.

Advanced payment received

7.  Mr Chan had received a total payment of HK$115,650 from Star Well, and agrees to give credit to Star Well in respect of that sum.

Summary

8.  In summary, I assess the compensation payable to Mr Chan under the ECO as follows:-

Section 9 compensation	HK$97,081.00
Section 10 compensation	HK$165,839.99
Section 10A compensation	HK$4,995.00
Less: Payment made by Star Well	(HK$115,650.00)
	______________
Total:	HK$152,265.99

9.  I therefore find that Star Well is liable to pay compensation to Mr Chan in the sum of HK$152,265.99 together with interest at half judgment rate from the date of the accident to the date of judgment and thereafter at judgment rate until payment in full.

10.  I also make an order nisi that:-

(a)  Star Well shall pay Mr Chan’s costs of this application (including all costs reserved (if any)) with certificate for counsel to be taxed if not agreed. 

(b)  Mr Chan’s costs be taxed in accordance with the Legal Aid Regulations.