Read the full judgment text of DCEC 000561/2001 on BabelCite. This District Court judgment before 周兆熊.
Employees' compensation – causal link between work injury and subsequent disability – optic atrophy alleged to result from work accident – medical evidence attributing optic neuropathy to smoking and drinking – finality of Commissioner's Certificate of Compensation Assessment (Form 6) absent appeal – assessment of compensation under sections 7, 9, and 10 of the Employees' Compensation Ordinance – calculation of permanent loss of earning capacity, temporary incapacity, and medical expenses – site foreman with monthly salary of HK$20,020 – corneal abrasion of the right eye from accident on 28 July 1999 – respondent admitted liability – applicant subsequently claimed optic atrophy and 100% visual disability in right eye – multiple medical experts (Lam Sze Wing, Yip Kwok Foo, H.Y. Lai of Prince of Wales Hospital, Dr. Cheung Ming Kuen, Dr. Cheung Sek Hong) unanimously opined that optic atrophy was toxic optic neuropathy caused by heavy smoking and drinking, unrelated to the work injury – court held optic atrophy not compensable as it was not caused by the accident – only the small area of corneal abrasion of the right eye was the injury arising from the accident – whether the 5% permanent loss of earning capacity assessment in Form 6 is final – yes, applicant did not appeal, making it final under Ng Ming Cheong v. Mass Transit Railway Corp. [1997] HKLRD 1231 – whether medical evidence on causation of optic atrophy should be considered – held that all medical reports clearly showed the vision problems were not caused by the accident – compensation calculation under the Ordinance: permanent loss of earning capacity of HK$20,020 × 5% × 72 = HK$72,072; temporary incapacity for 25 days at HK$20,020 ÷ 30 × 25 × 4/5 = HK$13,346.67; medical expenses of HK$176; total compensation of HK$85,594.67 – court ordered respondent to pay HK$85,594.67 within 28 days together with interest at the judgment rate from 28 July 1999 until payment, with interest from 28 July 1999 to 22 June 2005 assessed at half the judgment rate, and from 23 June 2005 onwards at the full judgment rate – costs awarded to the applicant on a taxation basis if not agreed – applicant appeared in person without legal representation – respondent represented by T.M. Lee, counsel, instructed by Deacons (的近律師事務所).
Legal issues: Causal link between optic atrophy/vision loss and work injury · Assessment of compensation under the Employees' Compensation Ordinance
Outcome: Judgment for the applicant; respondent ordered to pay compensation of HK$85,594.67 plus interest, and costs.
Cited by 64 cases