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article imageWoman injured during sex on company time gets workers’ comp

By Yukio Strachan     Apr 20, 2012 in World
A woman who was injured while having sex in her hotel room during a business trip is entitled to workers' compensation, Australian media report.
The Australian judge ruled the woman, who was not named, was injured during the course of her employment in New South Wales, the website reported.
The Sydney Morning Herald writes that the employee was injured in Nov. 2007 when she and a male friend returned to her hotel room after dinner.
In his statement, the man said the two were "going hard" when a glass light fixture above the bed came away from the wall and fell on the woman's face.
"I think she was on her back when it happened," the man added, "but I was not paying attention because we are rolling around."
The federal government employee, who the BBC reports, is in her late 30s, said she suffered injuries to her nose, mouth and a tooth as a result of the glass light fitting hitting her face.
She reportedly also suffered from depression and anxiety.
When she applied for Workers' Compensation, it was denied.
She didn't stop there. She went on to sue, ComCare,— the government agency in charge of monitoring occupational health and safety — after it rejected her compensation claim. The agency said the woman had to prove her injury had been caused by an activity that had been "implied" or "encouraged" by her employer.
But the federal court Thursday saw it differently.
"If the applicant had been injured while playing a game of cards in her motel room she would have been entitled to compensation," Justice John Nicholas said, "even though it could not be said that her employer induced or encouraged her to engage in such an activity," the BBC reported.
He added: "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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