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DCEC000034/2001
DCEC34/2001
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
EMPLOYEES COMPENSATION CASE NO. 34 OF 2001
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Ng Tak |
Applicant |
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AND |
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Lam Sing |
1st Respondent |
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Lai Po-kin trading as
Hoi Yiu Engineering Company |
2nd Respondent |
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Coram: Deputy Judge H M Lee in Court
Date of Judgment: 11 June 2002
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J U D G M E N T
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1. The applicant was injured in an accident at a site while in the course of his employment with the 1st respondent, the 2nd respondent's subcontractor.
2. Judgment on liability was entered against the 1st respondent on 2 March 2002 and against the 2nd respondent on 26 April 2002.
3. As the respondents failed to comply with the order on directions, the respondents can call no evidence at this hearing for assessment of compensation.
4. The facts are basically not in dispute. The applicant was aged 46 at the time of the accident. He was a casual worker earning $1,100 per day, working, on average, 24 days a month. He was assessed by the Ordinary Assessment Board on review of assessment to have suffered a 3 per cent loss of earning capacity.
5. The applicant accepted this assessment. The applicant attended for medical treatment and asks for medical expenses at $44 per visit, for a total of 3 visits.
6. The following is the assessment of compensation payable by the respondent. Under section 9 of the Employees Compensation Ordinance, 3 per cent of the statutory limit is 1,512,000 times 3 per cent: $45,360. Under section 10, that is 1,100 times 24 divided by 30 times 92 times 4 divided by 5, 92 days being the number of sick leave granted to the applicant. That comes to a total of $64,768. Under section 10A, $44 times 3 is $132, and a total of the compensation payable under sections 9, 10 and 10A comes to $110,260.
7. There is interest on this sum from 5 February 1999 at half judgment rate. At a total of 40.2 months, the amount comes to 40.2 divided by 12 times 4.07 per cent times $110,260. That comes to a total of $15,033.
8. So the total amount of compensation plus interest to date is $125,293.
9. There is judgment for the applicant against the respondents in the sum of $125,293, with interest at judgment rate on the sum of $110,260 from today until full payment. There is costs to the applicant against the respondents, to be taxed if not agreed.
10. The applicant's own costs to be taxed in accordance with Legal Aid Regulations.
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Deputy Judge H M Lee |
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District Court Judge |
Representation:
Mr David Bryan, Senior Legal Aid Counsel assigned by the Legal Aid Department, for the Applicant
Lam Sing, 1st Respondent, in Person, present
Lai Po-kin trading as Hoi Yiu Engineering Company, in Person, absent
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I/we certify that to the best of my/our ability and skill, the forgoing is a true transcript of the audio recording of the above proceedings. |
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Kerry Singer |
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Date: 18 June 2002 |
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