Jeana's World of Law

Jeana's World of Law

Monday, December 17, 2012

Woman Get's Worker's Comp for Injuries During Sex. No, She's Not a Prostitute.

An Australian court has ruled that a female bureaucrat who was injured while having sex on a business trip is eligible for workers' compensation benefits. According to personal injury Longview Texas specialists, workers compensation for sex related injuries is a quite uncommon claim.

In 2007, the woman - unidentified in the press except for the fact that she was in her late 30s - was hospitalized after being injured during sex with a male friend while staying in a motel in Nowra, a town 100 miles south of her hometown of Sydney, for a business trip.

While having sex, a glass light fitting was torn from its mount above the bed and landed directly on her face, injuring her nose and mouth. She later suffered depression and was unable to continue working for the government. She claimed facial and psychological personal injuries for workers compensation.

Her claim for workers' compensation for her physical and psychological injuries was initially approved by the government insurance company Comcare, but then was rejected after further investigation. Pain management Tyler Texas specialists agree that suffering pain and physical damage to the face can affect ones emotional and psychological well-being.

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.

However, that was their opinion. That ruling was then overturned in the Federal Court this year, 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.

Nicholas wrote in his judgment in favor of the woman receiving 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," 
In the Full Bench decision upholding Nicholas' decision, Judges Patrick Keane, Robert Buchanan and Mordy Bromberg also agreed 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,"
Comcare is considering an appeal to the High Court, Australia's highest legal authority.  Comcare spokesman Russ Street released a statement.
"The issue is a significant one...Workers need to be clear about their entitlements and employers should have an understanding of their responsibilities and how to support their staff."
It is not yet known how much compensation the woman will be paid.

3 comments:

  1. very nice blog. More informative. Thanks for sharing
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  2. Hi there just wanted to give you a brief heads up and let you know a few of the images aren’t loading correctly. I’m not sure why but I think its a linking issue. I’ve tried it in two different browsers and both show the same outcome.


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  3. This is a very interesting article. When I was filing my worker's comp claim I found a website with a useful FAQ for those who would be interested: http://www.levinebenjamin.com/index.php/workers_comp1/wc_faqs/

    ReplyDelete