OHS:Comcare Appeals Public Servant’s Compensation Claims
A public servant is at risk of having money taken away after having to fight for compensation for injuries sustained while having sex in a motel. The Commonwealth have appealed to the full bench of the Federal court to strip the public servant of compensation.
The unnamed public servant was sent by her government employer to a country town for a departmental meeting where she stayed in a hotel.
A night prior to the meeting the women suffered facial and other physical injuries when a glass light fitting came away from the wall while she was having intercourse with a male friend.
Originally the Commonwealth workers compensation agency Comcare, rejected her request for compensation, a decision which was supported by the Administrative Appeals Tribunal.
However, this year Justice John Nicholas of the Federal Court reversed the previous rejection of compensation on the grounds that the woman was “in the course of her employment” when she sustained the injuries.
Comcare has subsequently appealed the decision citing that sexual intercourse was not an activity “expressly or impliedly induced or encouraged” by the woman’s employer.
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