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Woman Sues Government after Sex Injury On Work Trip

Updated: Tuesday, 26 Jul 2011, 2:52 PM EDT

Published : Tuesday, 26 Jul 2011, 11:44 AM EDT

 

By The Daily Telegraph

 

SYDNEY - An Australian government employee was due to appear in court Wednesday to fight for compensation from her employer after being injured during a sex accident while on a work trip.

 

The woman, who cannot be identified, was injured when a glass light fitting came away from the wall above the bed as she was having sex with a man in 2007.

 

The light struck her in the face, leaving her with injuries to her nose, mouth and a tooth, as well as "a consequent psychiatric injury" described as an adjustment disorder.

 

She is claiming entitlement to compensation because her injuries were caused "during the course of her employment" because she was sent to a regional town to spend the night ahead of a meeting early the next day.

 

The government's workplace safety body, ComCare, initially rejected her compensation claim, finding that the sexual activity "was not an ordinary incident of an overnight stay like showering, sleeping or eating."

 

But her lawyers argue that the injury was sustained "in an ordinary incident of life, commonly undertaken in a motel room at night -- namely, lawful sexual activity."

 

They said in submissions filed to the court that being injured while having sex "during an interval or interlude within an overall period or episode of work" was no different to being hurt doing other recreational activities.

 

But ComCare, which said the woman was having sex with "an acquaintance, who had no connection with her work," will argue that "neither legal authority nor common sense" could lead to a finding that the injury was sustained during the course of her employment.

 

Read more: dailytelegraph.com.au

 

 

Read more: http://www.myfoxdc.com/dpp/news/offbeat/woman-sues-government-after-sex-injury-on-work-trip-ncxdc-072611#ixzz1TJhvtNzM

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