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Monday 22 September 2014

Woman wins claim over sex accident on business trip

Kathy Marks Sydney

Published 18/12/2012 | 05:00

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AN Australian civil servant injured by a light fitting while having sex in a motel room during a business trip has won a five-year fight for worker's compensation.

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The legal battle centred on whether the woman, who cannot be named, was technically working when she invited a male friend back to her motel in the town of Nowra, south of Sydney.

While the pair had sex, the light fitting fell from its mount and hit her, lacerating her nose and mouth.

The woman, in her thirties, who required hospital treatment and had to give up her job after suffering depression and anxiety, sought compensation for the physical and psychological injuries.

Her claim was dismissed by Comcare, the federal government's workplace insurance body, on the grounds that the passionate interlude was unconnected with her work.

However, Justice John Nicholas ruled that she would have been compensated had she been injured while playing cards in her room – and that this situation was no different.

Yesterday, the Federal Court upheld that judgment.

It is not clear how the oyster light fitting was smashed.

In a statement, her friend said he was unsure whether "we bumped the light or it just fell off . . . I was not paying attention because we were rolling around". (© Independent News Service)

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