Wong Yiu Sum v. Ma Kwok Fei t/a Cheung Fung Decoration Engineering

DCEC 645/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO. 645 OF 2004

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IN THE MATTER OF AN APPLICATION BETWEEN:-

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Coram: Deputy District Judge W. C. Li in Court

Date of Trial: 19^th December 2006

Date of Handing Down Judgment: 20^th December 2006

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JUDGMENT

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1.Judgment was entered by HH Judge Ng in favour of the Applicant on liability as against the Respondent on 10^th November 2006. The hearing today was for assessment of compensation under Ss. 9, 10 and 10A of the Employees’ Compensation Ordinance, Cap. 282  (“the Ordinance”).

2.The Applicant was injured in his right eye in an accident that occurred in the course of and arising out of the Applicant’s  employment with the Respondent. The Medical Assessment Board assessed the Applicant’s disability to be at 0%. Notice of Appeal against the Board’s decision was eventually withdrawn. The Applicant therefore abandoned any claim under Sec. 9 of the Ordinance.

3.The Applicant had only worked for about 8 days for the Respondent before the said accident. He was paid $3,500 for his wages. The payment record was exhibited in the evidence. The Applicant testified that he was paid $400 per day and with overtime pay, his income was $12,000 per month. He was required to work 26 days in a month and was also asked to work overtime in the weekend.

4.His sick leave certificates showed that he had 10 days sick leave. He had in fact taken more sick days off for his injury but he had lost the other sick leave certificates. His claim under Sec. 10 therefore was for 10 days only. This worked out to be $400 (wages per day)  X 10 (days)  X 4/5 = $3,200.00.

5.The Applicant had also lost some of his receipts for medical treatment. The receipts he could produce showed he had incurred $417.00 for medical expenses.

6.I would therefore enter judgment against the Respondent in favour of the Applicant for the total sum of $3,617.00. I also order that the Respondent is to pay interest at half judgment rate on the judgment sum of $3,617.00 from 16^th November 2003, i.e. the date of the accident, to the date of handing down of this judgment, and also interest at judgment rate from the date of handing down to the date of full payment of the said judgment sum by the Respondent to the Applicant.

7.I also order that the Respondent is to pay the Applicant’s costs of this action, to be taxed if not agreed, with certificate for counsel.

Representation:

Mr. Clement Lau instructed by Messrs. Huen & Partners for the Applicant

The Respondent, not legally represented, absent from the trial