Court Ruling: Woman Is Entitled To Workers’ Compensation Benefits For Injury That Happened During Sex By Lonce LaMon - April 20, 2012
In the Australian Associated Press from yesterday, it reads:
A public servant injured on a work trip while having sex with an acquaintance in a motel room is entitled to compensation, a judge has ruled.
In the Federal Court today, Justice John Nicholas concluded that the injuries were suffered by the woman in the course of her employment.
The woman, who cannot be named for legal reasons, had challenged the rejection of her workers’ compensation claim for facial and psychological injuries suffered when a glass light fitting came away from the wall above the bed as she was having sex in November 2007.
The judge ruled that an administrative court had improperly required that the woman show she was injured while taking part in an activity that was “induced or encouraged” by her employer. But the judge said that it didn’t matter whether she was having sex “or playing cards” or doing whatever when the fitting broke. She’s entitled to workers’ comp because she was on a work trip—period. Having sex doesn’t change that fact.
“In the absence of any misconduct or an intentionally self-inflicted injury, the fact that the applicant was engaged in sexual activity rather than some other lawful recreational activity does not lead to any different result.”
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