In the Federal Court today Justice John Nicholas ruled that the woman was injured during her “course of employment”.The woman’s barrister argued that sex was an “ordinary incident of life” in a hotel room, much like showering and sleeping.
The Judge ruled that “if the applicant had been injured while playing a game of cards in her motel room she would be entitled to compensation” and the fact that the woman was engaged in sexual activity rather than some other lawful recreational activity while in her hotel room does not lead to any different result.
The woman, who cannot be named, challenged the rejection of her workers' compensation claim for facial and psychological injuries suffered when a glass light fitting came away from the wall above the bed as she was having sex in November 2007. Read More
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