Businesswoman injured in hotel romp wins payout

Rex

A civil servant who was injured while having sex on a business trip has been told she is eligible for worker's compensation benefits.

The Daily Mirror reports that the woman was making love to a friend in a hotel when a glass light fitting was torn from the ceiling and landed on her face, injuring her nose and mouth.

She was taken to hospital for treatment in the town of Nowra, 100 miles south of her hometown of Sydney, Australia, and later suffered depression forcing her to give up her job.

According to the Associated Press, her claim for worker's compensation for her physical and psychological injuries was initially approved by government insurer Comcare, before it was rejected following further investigation.

USA Today reported that the woman's 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 if it just fell down during the tryst in 2007.

A tribunal agreed with Comcare that her injuries were not suffered in the course of her employment and said that the government has not induced or encouraged the woman's sexual conduct.

It also found the sex was 'not an ordinary incident of an overnight stay' such as showering, sleeping and eating.

The ruling was overturned in the Federal Court when Judge John Nicholas rejected the tribunal's findings that the sex had to be condoned by the government if she were to qualify for compensation.

'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,' he wrote.

It is not clear how much compensation the woman, who was in her 30s at the time of the incident, will receive.

A Comcare spokesman said on Monday that it was considering an appeal to the High Court, Australia's highest legal authority.

He said: 'The issue is a significant one. Workers need to be clear about their entitlements and employers should have an understanding of their responsibilities and how to support their staff.'

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