AUSTRALIA—We first wrote about this case in 2011, in an Aussie Sex Tales posting that included mention of a lawsuit filed by an Australia woman irked at being denied compensation for an injury she received while having sex.
“The woman is suing her government employer for compensation after being injured while having sex during a business trip,” AVN reported at the time. “The on-the-clock escapade with a male friend had no connection to her job whatsoever, but the unnamed woman, who works for ComCare, the Australian government's workplace safety organization (irony alert!), argued that she should be compensated for injuries incurred during the 2007 incident because it took place ‘during the course of her employment.’”
Almost six years after the sex-induced injury was sustained, the case is being heard by Australia’s High Court. According to The Age, “Lawyers acting for federal workplace insurer Comcare told the court in Canberra on Wednesday that bureaucrats should not be entitled to taxpayer-funded compensation as a result of a '’personal choice.’”
Comcare wants the court to overturn an earlier ruling by a federal court that the unnamed woman, who reportedly “suffered lacerations to her nose and mouth when a glass light fitting was pulled from the wall of the motel room as she had sex with a local man in the NSW town of Nowra in November 2007,” was covered.
On Wednesday, Commonwealth Solicitor General Justin Gleeson told the court, ''The injury arose because of a choice by the respondent to use the hotel room booked by the employer as an occasion for a particular form of sexual activity that caused the light fitting to be pulled from the wall.” He added that it was “in every sense a personal choice.”
