A frisky businesswoman injured having sex in a hotel is looking forward to a bumper payout after winning her battle for industrial compensation.
The civil servant was making love to a friend during a work trip when a glass light fitting was torn from its mount above the bed.
..[She] later suffered depression which forced her to give up her job.
Her claim for worker’s compensation for her physical and psychological injuries was initially approved by government insurer Comcare, then rejected after further investigation.
A tribunal agreed with Comcare that her injuries were not suffered in the course of her employment, saying the government had not induced or encouraged the woman’s sexual conduct.
The tribunal also found the sex was “not an ordinary incident of an overnight stay” such as showering, sleeping and eating.
The Federal Court, in overruling the tribunal, reasoned that if you’re injured playing cards on a business trip, and can’t work, you get a payout. The government’s view on whether your leisure activity is inherently part of work, or condoned, is irrelevant.
(HT: sobore on Milepoint)