Compensation claim for rough sex falls over at High Court

A PUBLIC servant's four-year battle to claim workers compensation for injuries sustained during a rough sex session, has finally come to an end.

The High Court has held that Comcare was not liable to pay compensation to the Canberra based Commonwealth government employee and she was not engaging in work related activities when she was injured.

The woman, who can't be named, was on a two-day work trip to Nowra in southern NSW, when had sex with a man in the motel which had been booked by her employer.

During earlier hearings, the courts head the pair had been "going hard" when a glass light fitting came away from the wall and hit her in the face.

She sought compensation under the Safety Rehabilitation and Compensation Act, arguing that her injuries were suffered "in the course of her employment".

The Federal Court found the woman's injuries occurred in an "interval or interlude" during an overall period of work and, therefore, arose in the course of her employment.

But following an appeal by Comcare the majority of the High Court found that for the incident to be work related, the circumstances in which the employee was injured must have been induced or encouraged by the employee and that in this case, that had not occurred.

Public Service Minister Eric Abetz praised the court decision as a "victory for common sense".

He said it protected the currency of work place safety which was in "serious danger" of being trivialised by the claim.