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Worker injured during sex wins compensation
The Australian ^ | December 17, 2012

Posted on 12/20/2012 3:51:55 PM PST by billorites

A WOMAN who was injured while having sex in her hotel room during a work trip has won compensation.

After a five-year legal battle, the Federal Court dismissed an appeal from the woman's former employer, which argued that having sex during a work trip had nothing to do with her job.

However the court ruled that if the applicant had been injured while playing a game of cards in her motel room she would be entitled to compensation and the fact that the woman was "engaged in sexual activity rather than some other lawful recreational activity while in her hotel room does not lead to any different result”.

The woman who worked for workplace health insurer Comcare, claimed for facial and psychological injuries suffered when a glass light fitting came away from the wall above the bed in her motel room as she was having sex in November 2007.

The woman's claim was initially accepted by Comcare, but following further investigation that acceptance was revoked on 21 January 2010.

However, after three appeals, the courts have ruled in the employee's favour saying that in the absence of any misconduct, or an intentionally self-inflicted injury, the woman's injuries were sustained during "the course of her employment”.

The case is significant for workplace law, broadening the scope of what is deemed to be "during the course of employment".

The woman in her late thirties was required to travel to a country town by her employer when the incident occured.

She arranged to meet a male friend there who lived in the town. They went to a restaurant for dinner and at about 10pm or 11pm went back to the woman's motel room where they had sex that resulted in her injury.

The male friend said in his statement at the time that they were "going hard” and he did not know if they bumped the light or it just fell off.

"I think she was on her back when it happened but I was not paying attention because we are rolling around.”

The court ruled in the employee’s favour by virtue of the fact that the applicant's injuries were suffered while she was in the motel room in which her employer had encouraged her to stay.

Comcare must now appeal to the High Court if it wants to overturn the decision.


TOPICS: Australia/New Zealand; News/Current Events
KEYWORDS:
"the court ruled that if the applicant had been injured while playing a game of cards in her motel room she would be entitled to compensation"

That would be the "rubber game" I presume.

1 posted on 12/20/2012 3:52:01 PM PST by billorites
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To: billorites

Everybody in this story sounds like they are a lot of fun except for the employer, the lawyers and the judge.


2 posted on 12/20/2012 3:55:40 PM PST by elkfersupper ( Member of the Original Defiant Class)
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To: billorites

insanity


3 posted on 12/20/2012 3:56:12 PM PST by GeronL (http://asspos.blogspot.com)
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To: billorites

It’s not really fun if you can’t get hurt doing it!


4 posted on 12/20/2012 3:56:43 PM PST by 1rudeboy
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To: billorites
That would be the "rubber game" I presume.

Nah, poke her silly ;)

5 posted on 12/20/2012 3:58:55 PM PST by Las Vegas Ron (Medicine is the keystone in the arch of socialism)
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To: billorites

That is a lawsuit against the hotel, not the employer IMO.


6 posted on 12/20/2012 3:58:55 PM PST by A CA Guy ( God Bless America, God bless and keep safe our fighting men and women.)
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To: billorites

Anyone who hires an employee in the English-speaking world is either very brave or very stupid. It’s all stacked against him.


7 posted on 12/20/2012 4:00:07 PM PST by BfloGuy (Workers and consumers are, of course, identical.)
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To: billorites
a glass light fitting came away from the wall above the bed in her motel room as she was having sex...

"I think she was on her back when it happened but I was not paying attention because we are rolling around.”

And The Jokes Just Write Themselves...

8 posted on 12/20/2012 4:00:38 PM PST by Old Sarge (We are officially over the precipice, we just havent struck the ground yet...)
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To: billorites

Sounds like their antics knocked it off the wall so the hotel should sue her for damaging their light, the wall, the headboard and the sheets. The hotel should also get her for not paying for the extra person in the room.


9 posted on 12/20/2012 4:01:59 PM PST by bgill (We've passed the point of no return. Welcome to Al Amerika.)
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To: billorites

“That’s what she said.”


10 posted on 12/20/2012 4:03:27 PM PST by hummingbird
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To: billorites

“the court ruled that if the applicant had been injured while playing a game of cards in her motel room she would be entitled to compensation”
No, that would be strip poker. She’d strip and he’d poker.


11 posted on 12/20/2012 4:09:19 PM PST by BipolarBob (I survived the Lindsay Lohan Bar, Grill and Fight Club.)
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To: billorites
Everyone should have a "safe" word.

/johnny

12 posted on 12/20/2012 4:24:53 PM PST by JRandomFreeper (Gone Galt)
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To: 1rudeboy
"It’s not really fun if you can’t get hurt doing it!"

Indeed.

I've always thought that the feeling of shame and degradation accompanying sex is a sign that I'm doing it right.

13 posted on 12/20/2012 4:25:54 PM PST by billorites (freepo ergo sum)
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To: billorites

What if this woman had only gone on the trip to see this man with expenses being paid by the company? Now that would be fraudulent on her part.


14 posted on 12/20/2012 4:28:55 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: billorites

I wonder who would have been liable if she had caught the French disease.


15 posted on 12/20/2012 4:36:11 PM PST by Past Your Eyes (You knew the job was dangerous when you took it.)
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To: billorites
The case is significant for workplace law, broadening the scope of what is deemed to be "during the course of employment".

something is not exactly right in that sentence...here, maybe this is better:

The case is significant for workplace law, broadening the scope of what is deemed to be "during the intercourse of employment".

16 posted on 12/20/2012 4:46:30 PM PST by C210N (When people fear government there is tyranny; when government fears people there is liberty)
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To: JRandomFreeper
Everyone should have a "safe" word.

They realized afterwards that "Harder" was a really bad safe word.

17 posted on 12/20/2012 4:50:21 PM PST by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: Straight Vermonter

She needs bars on the headboard so she doesn’t pull the light down.


18 posted on 12/20/2012 4:53:37 PM PST by Venturer
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To: billorites

If she wan’t married to the guy I don’t think she’s entitled to a damned thing.


19 posted on 12/20/2012 5:01:09 PM PST by onedoug
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To: billorites

Oh man! The DOD owes me about a billion. Now where do I cash in?


20 posted on 12/20/2012 5:17:21 PM PST by gnarledmaw (Obama: Evincing a Design since 2009)
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To: A CA Guy

Well, now the employer can sue the hotel to recoup costs. That way, the lawyers get paid twice!


21 posted on 12/20/2012 5:20:12 PM PST by Boogieman
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To: Straight Vermonter
They realized afterwards that "Harder" was a really bad safe word.

"Don't Stop" probably a bad choice too...

22 posted on 12/20/2012 5:57:37 PM PST by twister881
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To: billorites
That would be the "rubber game" I presume.

Aussies and Brits play "hide the purple parsnip".

23 posted on 12/20/2012 6:10:44 PM PST by lightman (If the Patriarchate of the East held a state like the Vatican I would apply for political asylum.)
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To: Past Your Eyes

“I wonder who would have been liable if she had caught the French disease.”

I think she had already “surrendered.”


24 posted on 12/20/2012 6:15:33 PM PST by PLMerite (Shut the Beyotch Down! Burn, baby, burn!)
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To: billorites
Things got a bit wild.
25 posted on 12/20/2012 6:17:08 PM PST by Flick Lives (We're going to be just like the old Soviet Union, but with free cell phones!)
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To: billorites

This woman has no sense of shame. Disgusting!


26 posted on 12/20/2012 6:20:42 PM PST by Bigg Red (Sorry, Mr. Franklin, I guess we couldn't keep it.)
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To: billorites
“Is sex dirty? Only when it's being done right.” ― Woody Allen
27 posted on 12/20/2012 6:25:08 PM PST by pluvmantelo
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To: billorites

Wait a second, is the issue that both pastimes—sex and cards—are lawful? Aren’t there any further distinctions to be made? I mean, how likely are you to injure yourself playing cards? Not as likely as the much more physical recreation that is sex. Isn’t there an assumption of risk involved? At least moreso than deciding to play cards.

Why would they cover card game injuries, anyway? Is your time not your time when off the clock on a business trip? Or is the argument that you wouldn’t have been in that town to be injured having sex in that motel room but for having been sent? That’s stupid.

Any self-respecting person would’ve been too proud to make the claim, let alone sue.


28 posted on 12/20/2012 6:57:55 PM PST by Tublecane
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