Business woman injured in sex romp gets worker's comp (Read 453 times)

An Australian court has ruled that a woman who was injured while having sex in her hotel room during a business trip is eligible for  workers' compensation, The Australian reports.

The unidentified woman, who was in her late 30s, claimed facial and psychological injuries after a glass light fitting fell from the wall above the bed in her hotel room while she was having sex with a male friend.

The fixture hit her in the face, injuring her nose and mouth, the Associated Press reported. The woman, who was on a business trip to Nowra, 100 miles south of her hometown of Sydney, later suffered depression and was unable to continue working for the government.

The male friend said in a statement at the time that they were "going hard" and that he did not know if they bumped the light or it just fell down during the tryst in 2007.

The woman's initial compensation claim was initially accepted by Comcare, the federal government's insurer, but was later revoked after an administrative tribunal ruled that sex was "not an ordinary incident of an overnight stay" such as showering, sleeping and eating, the AP reported.

After three appeals, however, the Full Bench of the Federal Court ruled last week that in the absence of misconduct or any intentionally self-inflicted injury, the injuries should be considered as sustained during "the course of her employment."

The court  noted that she would also have been entitled to compensation if she had been playing a game of cards in her hotel room and the fact that sexual activity was involved "rather than some other lawful recreational activity" should not be considered a disqualifying factor.

Guess it depends - were her hands tied to that fixture at the time, or was the rocking so violent that it jarred the fixture off the wall.  If yes to either of those, i would say she was negligent and shouldnt get it - otherwise her claim seems valid.

Maybe the race registration liability waivers should include something about that.

If she were employed in a proper Bordello the light fixture would never of fallen off the wall and she could of retained her part time position as a governmental employee.