Money

Court: Employer Must Pay Woman Compensation for Sex Injury

| by Mark Berman Opposing Views

A rather remarkable court ruling in Australia -- a government employee injured during sex while on a work trip has been awarded compensation.

Back in 2007 the woman, whose name is not being released, was sent on the road by her employer, the Human Relations Section of the Commonwealth Government agency.

She was sent to a town where she had a male friend, so they arranged to meet. After dinner they went back to her hotel and had sex.

While they were in the act a light above the bed came loose and hit the woman in her face, causing facial injuries.

She later filed a worker's compensation claim, saying the injuries happened in the course of her work. The government rejected the claim, and a panel upheld the rejection, saying that sexual activity was "not an ordinary incident of an overnight stay like showering, sleeping, eating or returning to the place of residence from a social occasion elsewhere in the vicinity. Rather she was involved in a recreational activity which her employer had not induced, encouraged or countenanced."

But the woman appealed and on Thursday a judge agreed with her.

He said in his ruling, "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 or encouraged her to engage in such an activity.

"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 while in her motel room does not lead to any different result."