Jun 10, 2013
Australian Woman Awarded Unusual Workers’ Comp Benefits
An Australian appeals court has awarded a former government worker for
being injured while engaging in consensual sex.
Sex Romp on Business Trip Leads to Worker’s Comp Benefits (Seriously), the unidentified woman was working for the Australian government. During
a business trip in 2007, she and a “male friend” were having
sex in the hotel room, and the light fixture came loose from the ceiling
and dropped onto the woman’s face, injuring her nose and mouth.
The ensuing medical issues led to depression. She became so depressed
she couldn’t work.
The 30 year old woman filed a worker’s compensation claim. Surprisingly,
she was awarded benefits. After an investigation, the award was reversed, however.
“According to the Mercury News, an administrative tribunal reviewing
the details of the woman’s worker’s comp claim determined
that her injuries had not been incurred “in the course of her employment”.
And here’s the part that we all would’ve loved to have been
a fly on the wall to witness being resolved-the tribunal’s conclusion
that the sex was ‘”not an ordinary incident of an overnight
stay” such as such as showering, sleeping and eating’.”
The woman decided to appeal.
Judge John Nicholas disagreed with the earlier ruling and decided in favor
of the woman. “Here’s the gist of Judge Nicholas’ decision:
“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.’”
The three other judges agreed with his decision.
If you or someone you know has been injured on the job, call Nate Hansford
at 770-922-3660 for a free consultation about a possible worker’s