自2016年11月21日起，他受聘為廚房助理，月薪為HK $ 18,000。
法院亦接受並裁定，申請人在緊接意外發生前一個月的月薪為HK $ 18,000。
因此，根據第9條，申請人的賠償金額為：18,000港元x 72 x 3％= 38,880港元。
經商定，受傷造成的缺勤天數為43天。因此，根據第10條，申請人的賠償金額為：18,000港元x 43/30 x 4/5 = 20,640港元。
在該處所內，法院評估申請人的賠償總額為60,220港元（38,880港元+ 20,640港元+ 700港元）。由於申請人已收取預付款20,937港元（將從60,220港元中扣除），法院判給申請人39,283港元及利息。
區院僱員補償案件 DCEC 812/2018  HKDC 1108
林嘉浩申請人 起訴 東名有限公司經營金港海鮮餐廳
LAM KA HO（林嘉浩） Applicant
EAST FAMOUS LIMITED trading as
GOLDEN HARBOUR SEAFOOD RESTAURANT Respondent
Before: His Honour Judge KC Chan in Court
Date of Hearing: 24 November 2020
Date of Assessment of Compensation: 27 November 2020
Since 21 November 2016, he was employed as a kitchen assistant with a monthly salary of HK$18,000.
The accident and immediate medical treatment
At about noon on 24 December 2016, while working in the kitchen of the respondent cutting fish with a knife, he accidentally cut the dorsal side of his left thumb. He went to the Department of Accident and Emergency of United Christian Hospital (“UCH”) the next day and was treated and discharged. Upon follow-up on 30 December 2016, the condition of his left thumb wound was found to be getting worse due to wound infection. He was then admitted to the Department of Orthopaedics and Traumatology of UCH for 3 days. The Neurovascular bundle was confirmed to be intact. He was treated with antibiotics and discharged on 2 January 2017. Pain and swelling were much improved during subsequent follow-ups.
Since March 2017, the applicant complained of left upper limb pain and numbness. the expert Dr Chan Wai Fu in his report dated 9 January 2020 filed on behalf of the applicant (“the Expert Report”) opined that the applicant’s such upper limb ailments were caused by the pre-existing degeneration of his cervical spine that it was not caused by the accident.
The Law: Section 9, 10 and 10A
Section 9 - Compensation in case of permanent incapacity
After review and by its certificate dated 28 September 2017 (“the Form 9”), the Employees’ Compensation (Ordinary Assessment) Board (“the Board”) assessed the applicant’s loss of earning capacity permanently caused by the injury at 0.5%.
In the Expert Report, Dr Chan in gist opined that there were (a) residual pain, tenderness and scarring over the applicant’s left thumb, (b) limitation in his left thumb movement, and (c) weakness in his left hand grip. Dr Chan opined that the loss of earning capacity thereby caused is 3%.
Court accept Dr Chan’s such opinion that the applicant suffers a 3% loss of earning capacity permanently caused by the injury and allow the appeal against the Board's assessment of 0.5%.
Court also accept and find that the applicant was earning the salary of HK$18,000 a month for the month immediately preceding the accident.
The amount of the applicant’s compensation under section 9 is therefore: HK$18,000 x 72 x 3% = HK$38,880.
Section 10 – Compensation in case of temporary incapacity
In the Form 9, the Board assessed that the period of absence from duty necessary as a result of the injury was from 25 December 2016 to 10 February 2017. In the Expert Report, Dr Chan opined that sick leave for the said period was appropriate.
It was agreed that the number of days of absence from duty caused by the injury 43 days. The amount of the applicant’s compensation under section 10 is therefore: HK$18,000 x 43/30 x 4/5 = HK$20,640.
Section 10A – Payment of medical expenses
The applicant all along received medical treatments in relation to this injury from the public sector. There was no receipt and no particulars. Court do not accept his claim for an estimated sum of HK$3,000 for medical expenses, which was estimated without any basis.
From the reports of the treating doctors, Court award medical expenses under section 10A the total sum of HK$700.
In the premises, Court assess the applicant’s total compensation in the total amount of HK$60,220 (HK$38,880 + HK$20,640 + HK$700). As advance payment in the sum of HK$20,937 has already been received by the applicant which will be deducted from HK$60,220, court award to the applicant the sum of HK$39,283 with interest.