Law Sin Ha v. Confidential Materials Destruction Service Ltd

DCEC 387/2017

[2021] HKDC 1456

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 387 OF 2017

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BETWEEN

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Before:  Deputy District Judge Charles Wong in Court

Dates of Hearing:  2 and 3 June 2021

Date of Judgment:  23 November 2021

Date of Corrigendum:  21 January 2022

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CORRIGENDUM

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Please note the following corrigendum in the Judgment dated 23 November 2021: -

Paragraph 72 of the Judgment

1.  Paragraph 72 of the Judgment should be amended to read as follows, with underlining to show the amendments made:

“Since the applicant accepts the re-assessed loss of earning capacity at 21.25% under Form 9 and does not seek for any upward adjustment, I assess compensation under section 9 at:-

$12,333.75 x 48 x 21.25% = $125,804.25.”

Paragraph 78 of the Judgment

2.  Paragraph 78 of the Judgment should be amended to read as follows, with underlining to show the amendments made:

“As the respondent does not dispute that the applicant is entitled to sick leave granted due to her back and head injury and based on my finding that the respondent has failed in its challenge against MAB’s diagnosis of psychiatric impairment, I would affirm the sick leave certificate as granted in Form 9.

$12,333.75 x (633-22-15.5) /30 months x 4/5 = $195,859.95”

Paragraph 83(3)  of the Judgment

3.  Paragraph 83(3)  of the Judgment should be amended to read as follows, with underlining to show the amendments made:

“Subject to the First Charge of the Director of Legal Aid, the sum of HK$181,177.06 shall be paid to the Director of Legal Aid forthwith. The Director of Legal Aid shall be authorized to release the said sum to the applicant.”

Dated the 21^st day of January 2022

Mr Ricky KY Li, instructed by LIMS for the applicant

Mr Leon Ho, instructed by Deacons for the respondent