Rae Wilson

Court to rule on whether sex injury was on the job

THE High Court will reveal whether it believes injuries sustained during sexual encounters on a work trip should be eligible for workers' compensation, in a decision due to be released on Wednesday.

A female New South Wales Comcare employee was injured during sexual encounter while on a work trip to a "regional office" of the government agency in November 2007.

The woman has claimed workers compensation for facial injuries, after a light fitting on a wall fell on her mouth and nose during the escapade in a motel room booked by her employer.

But while the Federal Court said the woman had sustained the injuries "in the course of employment", Comcare appealed to the High Court.

The Federal Court's decision was based on the fact that the injuries would not have been in a work context had she not been on a work trip during the encounter.

The titillating case will come to an end on Wednesday, with the full bench of the High Court to reveal its final decision on whether the injuries during the sex act constituted a "work-related injury".


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