POON YUK LAN v. WL WING LEE GARMENT MANUFACTURING CO. LTD

IN THE COURT OF APPEAL

1994, No. 128
(Civil)

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J U D G M E N T

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Penlington, J.A.:

1. This is the judgment of the court.

2. This is an appeal against an award made by Judge Downey in the District Court pursuant to the Employees Compensation Ordinance, Cap. 282 (the Ordinance).

3. On the 21st of September 1993 the appellant here was found liable to the respondent by Judge Beeson in respect of an injury she had suffered to her leg on 1st September 1988, while in the course of her employment. The assessment of the amount compensation was adjourned to the 2nd November and then to the 7th July 1994 to enable inquiries to be made by the Labour Department.

4. There had been an application for an adjournment on the 21st of September to enable the appellant to call a witness but that was refused as the appellant had had ample notice of the hearing. No evidence was called by the appellant. There was no appeal against the finding of liability.

5. When the matter came before Judge Downey, on the 7th July, the appellant being represented as before by Ms. Lo Lai Ping, its manageress, a certificate was produced from the medical Assessment Board. It stated that the respondent had sustained a sprain and contusion of the left thigh with residual pain, numbness and weakness. She had a 4% permanent disability. She gave evidence of being unable to work apart from doing plastic assembly at home. Her loss of earnings was $2,300 p.m. This gave an award under Section 10 of the Ordinance of $2,300 x 24 (the maximum period of partial disability allowed) reduced by one third as provided for in the Ordinance = $36,800.

6. While the evidence of medical expenses was not entirely satisfactory, the judge awarded $3,500 for such expenses pursuant to Section 10A.

7. He assessed compensation for the permanent partial disability at $10,752. That was in accordance with Sections 7 and 9 of the Ordinance, the respondent being 38 years of age at the date of the accident, the finding of 4% permanent partial disability and the undisputed earning rate of $2,800 p.m. at the date of the accident.

8. The appellant now appeals against the assessment of compensation and was represented by Ms. Tam Yuen Yee, a Director. It was obvious at the hearing however that the appellant really wished to dispute the finding of liability made on the 21st September 1993, over a year ago, not the level of compensation.

9. We have considered the judge's finding as to assessment of compensation with care, both parties being unrepresented. That assessment is perfectly proper on the findings of fact on liability. There was no appeal against that finding but from reading the court record of those proceedings, we can see no error in the manner it was reached.

10. The appeal is accordingly dismissed. The compensation money was paid into court with an order that payment out be suspended pending appeal. The order for suspension of payment out to the respondent is now revoked.