Is Playing Cards Like Having Sex on The Job

The Australian News reports a public servant injured while having sex with an acquaintance on a business trip is allowed workers’ compensation. The article, here, notes the woman was in a motel room and suffered facial and psychological injuries when a glass light fitting came away from the wall above the bed as she was having sex in November 2007. An article on aoljobs, details the woman injured her face, nose and tooth.

In the report, the News notes, Sydney Federal Court Justice John Nicholas concluded that the injuries were suffered by the woman in the course of her employment. “The judge set aside the decision made by the Administrative Appeals Tribunal, which upheld the rejection by ComCare, the federal government workplace safety body. He said the tribunal erred in finding it was necessary for the woman to show she had been taking part in an activity which led to her injury ‘which was expressly or impliedly induced or encouraged by her employer.’"

“If the applicant had been injured while playing a game of cards in her motel room she would have been entitled to compensation," the News article goes on to say, "even though it could not be said her employer induced or encouraged that activity. In the absence of any misconduct or an intentionally self-inflicted injury, the fact that the applicant was engaged in sexual activity rather than some other lawful recreational activity does not lead to any different result.”

The aol article by reporter Claire Gordon says the worker filed for workers' compensation with Australia's federal government's safety agency ComCore, which says its compensation scheme ‘covers any injury or illness arising ‘out of and in the course of employment. .. This includes coverage for journeys and for ordinary recesses and breaks." [WCx]

Gordon writes, “But that doesn't mean employees in this country should go out and have vigorous sex on business trips, in the hope of a paid vacation. U.S. worker's compensation law is a little more strict, covering only injuries that occur while a person is carrying out their job duties.”

Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: [email protected].

WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com

MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

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