Updates Personal Injuries and Employees' Compensation

Yuen Ka Ho v. Wong Chin Man and Others [2022] HKCFI 942; HCPI 751/2018 (6 May 2022)

Fact

The Plaintiff, a passenger of a vehicle with his supervisor and employer on board, allegedly suffered from back pain, severe waist pain and left leg numbness 2 days after traffic accident when the rear part of his vehicle was hit by a public light bus from behind.

As a result of the rear-end collision, the Plaintiff alleged that he had to walk with the aid of a walking stick and with limping gait and sought sick leave of around 1,363 days. After six months of the accident, he started to suffer urinary and bowel incontinence.

Ruling

The Court found the Plaintiff a grossly exaggerating and dishonest witness:-

(a) Contrary to what he alleged in the pleadings, medical evidence showed that he walked unaided with normal readings for straight leg raising test (“SLR test”) when he received initial treatment at the Accident and Emergency Department 2 days after the accident.

(b) Whilst he walked with a stick slowly in subsequent medical examinations, he had no problem with the SLR test.

(c) He demonstrated limping gait at joint medical examination (“JME”) but the Waddell’s stimulation signs were strongly positive in all the maneuvers.

(d) After 28 months from the JME, the Plaintiff relied on the walking stick again.

Taking into account the medical expert’s opinion of heavy exaggeration and magnification with heavy features of inorganic element, the Court found that the Plaintiff’s alleged symptoms are not supported by medical evidence and he faked his symptoms before the treating doctors. Sick leave was allowed for 6 months and PSLA was awarded at HK$10,000 only. The Plaintiff’s action was dismissed as he had already received employees’ compensation which far exceeded the damages assessed. Having found that the Plaintiff faked his symptoms, the Plaintiff was ordered to pay the Defendants’ costs on indemnity basis. The Court also invited the Director of Legal Aid to consider seeking a wasted costs order against the solicitors acting for the Plaintiff.

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