Wu Chun Ching v. Gerald Meat Foods Co Ltd

DCEC 2465/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES' COMPENSATION CASE NO 2465 OF 2014

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ASSESSMENT OF COMPENSATION

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Introduction

1.On 21 February 2013, the applicant was injured while working for the respondent.

2.By these proceedings, he claims compensation under ss 9, 10 and 10A of the Employees’ Compensation Ordinance (“the Ordinance”).

3.On 8 April 2016, judgment on liability was entered with compensation to be assessed.

4.At the hearing of the assessment of compensation, the respondent was absent.  I am satisfied that due notice was given to the respondent.  The assessment was proceeded with accordingly.

Section 9

5.The applicant was employed by the respondent since January 2012 as a frozen meat worker.  His salary was $15,780 per month.

6.On 21 February 2013, he was instructed to prepare minced chicken meat.  He did so by using a meat mincer.  In the course of pushing frozen chicken meat into the mincer, his right index finger was trapped by the blades.  He sustained a laceration at the right index finger involving more than half of the circumference with a fracture of the right index finger distal phalange tip as a result.

7.By a Certificate of Assessment issued by the Employees’ Compensation (Ordinary Assessment) Board (“the Board”) in Form 7 dated 20 March 2014, the loss of earning capacity permanently caused by the injury was assessed at 2.5%.  The Board issued a Certificate of Review of Assessment in Form 9 on 21 August 2014, maintaining the said assessment.

8.The Applicant did not appeal against the said assessment.

9.At the time of the accident, the applicant, born on 28 October 1983, was aged 29.  According to s7(1)(a) of the Ordinance, the multiplier is 96.

10.His monthly income of $15,780 was confirmed by a Notice of Employer of the Death of an Employee or of an Accident to an Employee resulting in Death or Incapacity in Form 2 submitted to the Labour Department by the respondent on 25 February 2013.

11.The compensation under s9 of the Ordinance therefore is:-

$15,780 x 96 x 2.5% = $37,872.00

Section 10

12.The applicant was given sick leave from 21 February 2013 to 16 August 2013, a total of 5 months 27 days.  The compensation under s10 of the Ordinance therefore is:-

$15,780 x 4/5 x 5 months 27 days = $74,481.60

Section 10A

13.The applicant has incurred medical expenses in the sum of $2,091.00 and I so allow.

Advanced payment

14.The respondent did pay the applicant a sum of $12,624.00 by way of sick leave allowance.  Credit is to be given for this amount.

Conclusion and Order

15.Accordingly, I order that the respondent shall pay the applicant compensation in the sum of $101,820.60, which is made up of the following sums:-

(1) s9 compensation	$37,872.00
(2) s10 compensation	$74,481.60
(3) s10A compensation	$2,091.00
Sub-total:	$114,444.60
LESS: advanced payment	$12,624.00
Compensation payable:	$101,820.60
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Interest

16.The applicant is entitled to interest at half judgment rate from the date of the accident (ie 21 February 2013) to the date of judgment and thereafter at judgment rate until the date of payment.

Costs

17.I make an order nisi that the respondent shall pay the costs of these proceedings to the applicant, to be taxed if not agreed.

18.The applicant’s own costs shall be taxed in accordance with Legal Aid Regulations.

19.In the absence of any application by summons to vary the same within 14 days from the date of this judgment, the order nisi shall become absolute.

Miss Flora C M Chiu, of Hastings & Co, instructed by Director of Legal Aid, for the applicant

The respondent was not represented and did not appear.