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Oz Woman Gets Workers’ Comp For Sex Injury

From a cheering Associated Press:

Australian woman gets workers’ comp for sex-related injury during business trip

December 17, 2012

An Australian court has ruled that a bureaucrat who was injured while having sex on a business trip is eligible for workers’ compensation benefits.

So it’s not all gloom and doom out there in the world. Some people are still finding creative new ways to get ahead.

The Full Bench of the Federal Court ruled Dec. 13 in favor of the woman, who cannot be identified for legal reasons, and rejecting the appeal of the federal government’s insurer, ending a five-year legal battle.

Exactly what legal reasons are preventing her from being identified?

The woman was hospitalized after being injured in 2007 during sex with a male friend while staying in a motel in the town of Nowra, 100 miles south of her hometown of Sydney.

During the sex, a glass light fitting was torn from its mount above the bed and landed on her face, injuring her nose and mouth. She later suffered depression and was unable to continue working for the government.

She was a government worker? Well, then she should be entitled to worker’s compensation. After all, screwing the taxpayer is part of the job.

Her claim for workers’ compensation for her physical and psychological injuries was initially approved by government insurer Comcare, then rejected after further investigation.

Naturally, there were psychological injuries.

An administrative 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.

That ruling was overturned in the Federal Court in 2012, when Judge John Nicholas rejected the tribunal’s findings that the sex had to be condoned by the government if she were to qualify for compensation.

"If the applicant had been injured while playing a game of cards in her motel room, she would be entitled to compensation even though it could not be said that her employer induced her to engage in such activity," Nicholas wrote in his judgment in favor of the woman receiving compensation.

What is the logic here? What if she had been mountain climbing and fell off a cliff, would the company still be responsible for her actions? Apparently, yes.

In the Full Bench decision upholding Nicholas’ decision, Judges Patrick Keane, Robert Buchanan and Mordy Bromberg agreed last week that the government’s views on the woman having sex in her motel room were irrelevant.

"No approval, express or implied, of the respondent’s conduct was required," they said.

It is not yet clear how much compensation the woman will be paid.

Comcare was on Monday considering an appeal to the High Court, Australia’s highest legal authority, Comcare spokesman Russ Street said.

"The issue is a significant one," Street said in a statement. "Workers need to be clear about their entitlements and employers should have an understanding of their responsibilities and how to support their staff."

So now, anything at all that happens to you while you are employed by a company is the responsibility of your employer. There is no more personal responsibility for anything. Ever. At least in Australia.

That is significant.

This article was posted by Steve Gilbert on Tuesday, December 18th, 2012. Comments are currently closed.

3 Responses to “Oz Woman Gets Workers’ Comp For Sex Injury”

  1. JohnMG

    ……..”If the applicant had been injured while playing a game of cards in her motel room, she would be entitled to compensation……..’

    Let’s take this bit or reasoning a bit further. If she had been playing cards and the game of choice was strip-poker and she was winning (I’ll leave that to you as to what constitutes ‘winning’ or ‘losing’ in a game of strip poker) the winnings should be tax-free as are the comp benefits.

    Now if it had been a bag of quarters that hit her in the face………….

  2. Anonymoose

    You know,it used to be that using a business trip to hook up with someone would have been frowned upon or even gotten someone fired–the bad reputation, the irresponsibility, not being focused on the job. After all, if she’s claiming workman’s comp she should how being “with” this guy was part of her work.

  3. GetBackJack

    ” … Some people are still finding creative new ways to get ahead. … ”

    Steve.

    Really.

    :-)


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