Yeung Kei Sing v. Hing Lung Construction Co. Ltd. and Another

DCEC427/2000

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES COMPENSATION CASE NO. 427 OF 2000

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R U L I N G

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1. This is an application by the applicant under section 10(5) of the Employees' Compensation Ordinance for an extension of the period of periodical payments, he having already been paid periodical payments by the respondents for a period of 24 months and he now wishes for a further extension of 12 months, as provided for under the subsection.

2. The background to the matter is this: on 17 May 1998, the applicant was employed by the respondents as a carpenter. In the course of that employment he was carrying a concrete block with a colleague. It was wet underfoot, he slipped and injured his lower back and as a result he has been unable to pursue his employment since then. He has in fact undergone spinal surgery and his position remains under review but it is hoped that in the near future the effects of this injury will have settled down sufficiently so that a final assessment can be made.

3. He had sustained a previous back injury at work in 1996 which resulted in him having to take 6 months off work, but the way the matter is put by Doctor Cheng who has reported on his condition in two extensive reports, is that the incident on 17 May has amounted to or caused a recurrence of the previous difficulties and so without this event happening, he would almost certainly have been symptom-free.

4. The respondents having duly paid periodical payments for the whole of the two year period have now stopped and the applicant now applies, with further medical certificates, to cover the whole of the period now asked for.

5. Under section 10(2), there is clearly a presumption there to the effect that where a period of absence from duty is certified to be necessary by a medical practitioner, that this shall be deemed to be a period of total temporary incapacity, irrespective of the outcome of the injury.

6. It seems to me, not withstanding some excellent and most persuasive submissions by Mr Leung on behalf of the respondents, that this is a proper case for the court to extend the period of periodical payments and I do so for a further period of 12 months.

7. And so I direct as a result of this ruling that the applicant be paid at the rate that he was previously being paid for a further period of 12 months.

8. Costs in the cause. There will also be an order for Legal Aid taxation.