Welcome Guest! To access all forums & features, please register an account or sign-in. → Why register?



Public servant wins legal battle after being injured during sex


5 replies to this topic - - - - -

#1 Hum

    totally wAcKed

  • 54,320 posts
  • Joined: 05-October 03
  • Location: Odder Space
  • OS: Windows XP, 7

Posted 16 December 2012 - 23:40

A PUBLIC servant who was injured while having sex during a work trip has won compensation after a five-year legal battle.

The full bench of the Federal Court has dismissed an appeal from workplace health insurer Comcare, which had argued the woman's motel room tryst had nothing to do with her job.

However, the court said it did not matter whether she spent her evenings having sex or ''playing a game of cards'', she was still, in effect, at work.

The case, which has involved three legal appeals, is likely to have significant repercussions for employers, as it clarifies when they are responsible for staff.

The woman, who worked for a federal government agency, was sent on a work trip to an office in regional NSW in November 2007.

Her employer booked her a motel, where she arranged to meet and dine with a male friend after work.

They returned to her room and had sex, during which a glass light fitting above the bed was pulled off its mount and fell onto her face. :huh:

It injured her nose and mouth and she suffered from depression and anxiety afterwards, rendering her unable to work.

The Federal Court suppressed the woman's name during an earlier appeal, saying she was unprepared to continue with the case ''if a consequence of doing so is that her true identity will be made public''.

Comcare initially accepted her claim but later revoked her compensation, saying the injury happened outside the course of her official duties.

Three judges ruled last week that the woman's ''lawful sexual activity'' was not misconduct and she should not, therefore, be punished for it.

more


#2 Simon-

    Neowinian ULTRAKILL

  • 10,720 posts
  • Joined: 04-November 02

Posted 16 December 2012 - 23:49

Only in, oh wait... Australia! WHAT?

So if I was playing sport during my working time unbeknown to my workplace and suffered an injury then I would be covered by my workcover insurance as well?

It must have been some pretty good sex.

#3 OP Hum

    totally wAcKed

  • 54,320 posts
  • Joined: 05-October 03
  • Location: Odder Space
  • OS: Windows XP, 7

Posted 16 December 2012 - 23:52

Quote

It injured her nose and mouth ...

Yeah, we know what really injured her ... :shifty:

#4 +McKay

    Emperor of the Moon

  • 2,787 posts
  • Joined: 29-August 10
  • Location: Atlantis
  • OS: Windows 8
  • Phone: LG Nexus 4

Posted 16 December 2012 - 23:53

It's a stupid rule, where Im working they won't let you leave work early, the reasoning is one time a guy was let home early one day and suffered a fatal crash driving home. His Mother sued because technically he should have been on the road.

"If you hadn't let my son leave early, he wouldn't have been driving at that exact time and wouldn't have died".

I want to give that Woman a good hard slap to the face.

#5 Charisma

    e-1337-ist

  • 3,757 posts
  • Joined: 02-May 10
  • Location: Galactic Sector ZZ9 Plural Z Alpha

Posted 16 December 2012 - 23:56

Wat.
She won??
O_O

#6 vetGrowled

    Resident Rockstar

  • 36,016 posts
  • Joined: 17-December 08
  • Location: USA

Posted 17 December 2012 - 02:22

View PostMcKay, on 16 December 2012 - 23:53, said:

I want to give that Woman a good hard slap to the face.

Please make sure she's not working or she'll win another lawsuit.