Navy appeal rejected, to pay higher compensation for accidental fall

Taipei, July 25 (CNA) The Supreme Court rejected an appeal by the Navy General Headquarters on Friday, finalizing a ruling that the Navy should pay NT$2.36 million (US$79,084) to an officer who was injured from a fall while on active duty.

In rejecting the appeal, the Supreme Court said the Taiwan High Court's ruling was "adequate."

The appeal was filed after the second trial in the case in February, in which the Taiwan High Court ruled the Navy should pay NT$2,355,512 in compensation to an ex-Marine sergeant surnamed Su (蘇).

According to the High Court verdict, Su was serving in Wuqiu in the outlying Kinmen County when, on March 2, 2021, he fell into a hole about three meters deep while taking out the trash and fractured his first lumbar vertebra.

Su requested state compensation, arguing that the hole was only covered by a corroded, dirt-covered steel plate with no warning signs around.

In the case's first trial in 2023, the Taipei District Court found the Navy to be at fault and handed down a judgment of NT$1,118,198 in compensation -- a ruling both parties later appealed.

Su argued that he had not fully recovered and required long-term treatment, and requested that his overall loss in earning capacity be estimated based on military officer pay grades.

The Navy argued that the compensation awarded be reduced, questioning whether the fall in fact caused Su's physical issues given that he already had back and hip discomfort prior to the incident.

It requested that any compensation be calculated based on the minimum wage because Su was discharged from the military and was working as a security guard.

In the second trial, the Taiwan High Court agreed with the lower court that the Navy was mostly at fault, and settled on the award of NT$2.36 million by taking into account Su's actual income at the time of the incident.