WANG ZHIPING v. YU SHENG CONSTRUCTION ENGINEERING CO., LTD later re-named as BANDUNG ENGINEERING HOLDINGS CO., LTD

DCEC 815/2023

[2025] HKDC 1014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 815 OF 2023

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IN THE MATTER OF AN APPLICATION BETWEEN

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ASSESSMENT OF COMPENSATION

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A. INTRODUCTION

1.  On 24 November 2021, whilst in the employment of the Respondent as a carpenter, the Applicant was instructed to dismantle a solid wooden door in Pak Tin Estate, Shek Kip Mei, Kowloon. When he was about to undo the upper hinges of the wooden door, the door suddenly fell and injured his right leg (the “Accident”). The Applicant sustained injury to his right leg as a result.

2.  This is the Applicant’s application pursuant to the Employees’ Compensation Ordinance (Cap 282) (the “ECO”) for compensation under sections 9, 10, and 10A thereof.

3.  The Respondent did not take part in these proceedings. On 24 January 2025, interlocutory judgment was entered against the Respondent.

4.  Before the court is the assessment of compensation and damages in these proceedings.

B. WITNESS AND EVIDENCE

5.  The Applicant has filed one witness statement for himself. He did not call any other witness. All medical reports are produced without calling the makers.

C. THE APPLICANT’S INJURIES

6.  As a result of the Accident, the Applicant suffered injury in his right leg, resulting in right leg pain. On 8 March 2023, the Employees’ Compensation (Ordinary Assessment) Board (the “Board”) certified that his loss of earning capacity permanently caused by the injury is 0.5%. On review, the Board revised such percentage to 1% on 7 June 2023.

7.  The Board also certified various periods of the Applicant’s absence from duty which were necessary as a result of the injury, totaling 434 days.

8.  Pursuant to section 16H of ECO, the certificate of assessment issued by the Board “… shall be admitted in evidence without further proof on its production in any court and … (ii) shall be evidence of the matters stated therein”.

D. THE APPLICATION

D1. The Applicant’s earnings

9.  The Applicant was employed by the Respondent since in or around October 2021. When the Accident happened on 24 November 2021, he had worked for the Respondent for about a month only.

10.  There is no evidence of the earnings of any person of similar earning capacity in the same grade employed at the same work by the same employer as the Applicant for the purpose of the first limb of section 11(2) of ECO.

11.  For the purpose of the second limb in section 11(2) of ECO, I accept the Applicant’s evidence that at the time of the Accident, the Applicant earned a daily income of approximately $1,350, usually working 26 days each month. Such daily income is slightly less than the average daily wages of carpenters engaged in public sector construction projects in 2020-2021 in the region of $1,761.60 to $1,991.90 according to statistics issued by the Census and Statistics Department.

12.  In the premises, I accept the Applicant’s evidence that his average monthly income was approximately $35,100 ($1,350 x 26 days) and adopt the same in this Application.

D2. Section 9 Compensation

13.  At the time of the Accident, the Applicant was aged 66. According to section 7(1)(c) of ECO, the amount of compensation should be assessed with reference to 48 months’ earnings.

14.  As mentioned above, on review by the Board, the Applicant’s loss of earning capacity is 1%. I consider that the proper sum under section 9 of the ECO is $35,100/month x 48 months x 1% = HK$16,848.

D3. Section 10 Compensation

15.  As certified by the Board, after the Accident, the Applicant was granted sick leave intermittently from 24 November 2021 to 24 May 2023, ie a total of 434 days.

16.  The amount of compensation under section 10 of ECO is therefore $35,100/month x 434/30 months x 4/5 = $406,224.

D4. Section 10A Compensation

17.  The Applicant claims a total sum of $5,215 as incurred medical expenses under section 10A of ECO. Whilst I find such sum reasonable, the amounts claimed for respectively 29 November 2021, 2 December 2021, 4 December 2021, 6 December 2021, 9 December 2021, 11 December 2021, 17 December 2021, 19 December 2021, 23 December 2021, 27 December 2021 and 4 January 2022 exceed the daily cap of $300 under paragraph 2 of Schedule 3 of ECO.

18.  Applying the daily cap of $300 for those days, the total amount I allow under section 10A of ECO is $300 x 11 days + $260 x 3 days + $100 x 2 days + $120 = $4,400.

D5. Summary

19.  By reason of the above, the amount of compensation under sections 9, 10 and 10A of ECO are:-

Section 9	$35,100/month x 48 x 1%	$16,848
Section 10	$35,100/month x 434/30 months x 4/5	$406,224
Section 10A	$300 x 11 days + $260 x 3 days + $100 x 2 days + $120	$4,400
	TOTAL:	$427,472 ======

20.  The Applicant is entitled to interest at half judgment rate from the date of the Accident (ie 24 November 2021) to the date of this judgment and thereafter at judgment rate until payment in full.

21.  I also make a costs order nisi that the Respondent do pay the costs of the Applicant (including all costs reserved, if any), to be taxed if not agreed.

22.  The Applicant’s own costs to be taxed in accordance with the Legal Aid Regulations.