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Ongoing legal argument about paying workers compensation for injuries sustained during sexual intercourse at work is back in court.

Last week in the High Court, Comcare appealed against a Full Federal Court ruling that allowed workers compensation to be paid for injuries sustained during sexual intercourse in a motel room on a business trip.

The motel room had been booked and paid for by the worker’s employer.

Comcare argued that the Full Federal Court had incorrectly accepted the following proposition:

“… once you are at a place where the employer encouraged, required or induced you to be, then absent gross misconduct, any injury you suffer at the place is compensable …”

Comcare said this was an incorrect reading of the law.

It argued that an injury could only be sustained in the course of employment if the person was doing the work they were employed to do or something incidental to it. And the worker’s actions at the time of the incident didn’t fit this definition.

On hearing Comcare and the worker’s arguments the High Court reserved its decision.

For more details, visit the court transcript

Published on 15 August 2013 in NSCA Safe-T-Bulletin.


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