Read the full judgment text of CACV 000131/1997 on BabelCite. This Court of Appeal judgment was delivered on 3 September 1997 before Chan CJHC, Wong J, Le Pichon J.
Employees' compensation – permanent loss of earning capacity – Ordinary Assessment Board's Certificate of Assessment – binding effect where no objection or appeal is lodged – Employees' Compensation Ordinance (Cap.282) ss.9, 14, 16A, 16D(4), 16D(5), 16E, 16F, 16G, 16G(1), 16GA, 16H, 17, 18(1), 18(2), 18(3), 18A, 18A(2) and First Schedule – tradesman fell 12 feet from anti-burglary fence at workplace on 10 December 1993 sustaining back, right buttock and right shoulder injuries including undiagnosed partial rotator cuff tear – subsequent depression and suicide attempt after receiving warning letters at work – periods of absence certified by Board – whether District Court was bound by Board's Certificate of Assessment of 53% permanent loss of earning capacity where Respondent had not objected under section 16G(1) or appealed under section 18 within six months or applied for leave to appeal out of time – held, the Certificate is final and binding absent an appeal within the prescribed time – section 16H makes the Certificate prima facie evidence but the comprehensive appeal framework, including the strict six-month limit, reflects the legislative intent that assessments be final to ensure speedy relief and finality in quantum – judge's failure to give effect to the Certificate by hearing fresh expert evidence on quantum was wrong – Court of Appeal substituted its own assessment of 53% – appeal allowed – District Court judgment of $111,965.55 set aside and substituted with $392,620 plus interest at judgment rate – Respondent to pay costs of the appeal, Appellant's own costs taxed under the Legal Aid Regulations – Chan Kit v. Sum Wo Industrial Manufactory [1989] 2 HKLR 230 and Wong Sing Fung v. Fu Ming Stainless Engineering Co. Ltd. CA 76 of 1986 followed.
Legal issues: Binding effect of Ordinary Assessment Board's Certificate of Assessment where no appeal is lodged under section 18
Outcome: Appeal allowed; District Court judgment set aside and substituted with judgment for the Appellant.
Cited by 2 cases