CHAN HON WING v. GOLDEN FAIR ENVIRONMENT LTD

DCEC 389/2024

[2025] HKDC 1801

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 389 OF 2024

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IN THE MATTER OF AN APPLICATION BETWEEN

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ASSESSMENT OF COMPENSATION

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1.  This is an assessment of compensation pursuant to ss 9, 10 and 10A of the Employees' Compensation Ordinance, Cap 282 (“the ECO”) in relation to an accident in the course of the Applicant’s employment on 10 March 2023 in which the Applicant suffered personal injuries. At the time of the accident, the Applicant was employed by the Respondent to work as a casual worker at G/F of No 8 Sheung Hei Street, San Po Kong, Wong Tai Sin, Kowloon, Hong Kong.

2.  The Applicant had started working for the Respondent since 2020. At the time of the accident, he was instructed to load goods onto a truck and he stood near the tailgate of the truck while he was loading goods. All of a sudden, his colleague activated the tailgate which trapped and crushed his left foot. He sustained severe left toes injuries for which he now claims compensation.

3.  The Application was commenced on 28 February 2024. The Respondent has not taken part in the proceedings since its commencement. The Respondent has not filed an Answer or the List of Earnings of the Applicant. On 3 April 2025, the Applicant entered interlocutory judgment on liability against it leaving compensation to be assessed.

4.  The Respondent stated in the Form 2 dated 2 May 2023 that they did not have any insurance policy and the Respondent was prosecuted and convicted on 10 March 2023 of the offence of failing to take out employees’ compensation insurance policy and was fined $5,000 accordingly.

5.  The Applicant was assessed by the Employees’ Compensation (Ordinary Assessment) Board to have suffered 5.1% loss of earning capacity (“LOEC”): Certificate of Assessment (Form 7) dated 25 September 2024. Sick leave was certified to be from 10 March 2023 to 18 July 2024.

The Applicant’s earnings

6.  The Applicant stated that he started working for the Respondent in 2020 and by the time of the accident he was so employed for around 3 years. During this period, he worked on average 26 days a month at a daily rate of $900. His average monthly income was $23,400. His evidence is supported by the Employer’s Returns and the record of his Mandatory Provident Fund for the relevant period.

7.  The Respondent also filed a Form 2 on 2 May 2023 to report to the Labour Department about the accident. The Form 2 stated that the monthly income of the Applicant was $23,400. Hence, I am satisfied that the Applicant’s monthly earning was $23,400 for the purpose of the compensation under the ECO.

8.  The Applicant was born on 29 October 1978 and was aged 44 at the time of the accident. Pursuant to s 7(l)(b) of the ECO, his LOEC is based on 72 months of his earnings.

9.  There is no evidence from the Respondent about increases in wages after the accident. The Applicant relies on the Consumer Price Index (A) (“CPI(A)”) in March 2024 to project his change in earnings pursuant to s 11(1A)(b) of the ECO. According to the CPI(A) for March 2024, there is an annual increase of 2.3% in inflation. Applying this percentage of increase, the Applicant’s monthly earning would be increased to $23,938.20.

S 10 Compensation

10.  Pursuant to ss 10(1) and 10(2) of the ECO which provide that period of absence from duty certified to be necessary by a registered medical practitioner, or an Ordinary Assessment Board shall be deemed to be a period of total temporary incapacity irrespective of the outcome of the injury. In the present case, there are sick leave certificates certifying the sick leave periods, and the Certificate of Assessment (Form 7) dated 25 September 2024 certifying the Applicant’s sick leave to be from 10 March 2023 to 18 July 2024.

11.  The s 10 compensation should be:

10 March 2023 – 9 March 2024

$23,400.00 x 12 x 4/5 = $224,640.00

10 March 2024 to 18 July 2024

$23,938.20 x 12 x 131/366 X 4/5 = $82,253.22

12.  On the above calculations, the compensation under s 10 is $306,893.22. He has received periodical payments of $202,986 from the Respondent.

13.  The net amount recoverable under s 10 becomes $103,907.22.

S 9 Compensation

14.  The Applicant was assessed by the Employees’ Compensation (Ordinary Assessment) Board to have suffered 5.1% LOEC. There is no appeal against the assessment. I shall adopt this figure for s 9 compensation:

$23,400.00 x 72 x 5.1% = $85,924.80

S 10A Medical Expenses

15.  As for s 10A compensation, the Applicant has incurred and paid a total sum of $1,560 for medical expenses arising out of the accident, which is recoverable.

16.  The summary of the awards is:

s 9	$85,924.80
s 10	$103,907.22
s 10A	$1,560.00
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	$191,392.02
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17.  I shall round up the figure to $191,392.  The Applicant is entitled to interest on the sum of $191,392 at half the judgment rate from the date of the accident to the date of judgment and at judgment rate thereafter until payment. 

18.  I also make an order nisi that the costs of the Application be paid by the Respondent to the Applicant to be taxed if not agreed.  The Applicant’s own costs be taxed in accordance with the Legal Aid Regulations.  The said order nisi shall become absolute unless the parties apply by summons to vary the same within 14 days from the date hereof.