Sex is not a work related injury!

October 31st, 2013 at 9:00 am by David Farrar

Stuff reports:

A Canberra public servant injured in a “vigorous” session in a country motel six years ago has lost her claim against the federal government for workers’ compensation.

The High Court has ruled in Canberra this morning that the woman was not entitled to compensation from the federal workplace insurer Comcare because the circumstances of her injury were not related to her employment.

Lawyers for Comcare argued throughout the four-year legal saga that the public servant should not get taxpayer-funded compensation as result of a “personal choice” to have sex while on the work trip.

Hard to see what other decision they could come to!

The bureaucrat suffered lacerations to her nose and mouth as well as “psychological injuries” when a glass light fitting was pulled from the wall of the motel room as she had sex with a local man in Nowra in November 2007.

Psychological issues?

Maybe the solution is to be umm less vigorous in the motel room!

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25 Responses to “Sex is not a work related injury!”

  1. stigie (1,458 comments) says:

    Wonder if our Lennie would have got compensation if his recent mistress had bitten him
    where it hurts most on Council property. Yea no doubt !~

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  2. kowtow (8,945 comments) says:

    The fact that such a claim could even get before a court shows how trivialised and devalued our legal system has become.

    Another sign of a collapsed civilisation.

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  3. RightNow (7,015 comments) says:

    Should we be checking Licentious Len’s compensation claims? He might have got a back injury in the Ngati Whakina room.

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  4. Harriet (5,201 comments) says:

    “…Psychological issues?…”

    Typical public service mindset – fuck the taxpayer, over and over, again and again, and after that – ask to be compensated for doing so! :cool:

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  5. Keeping Stock (9,384 comments) says:

    Tell that to Len Brown! His reputation has been so badly damaged that in needs a funeral director, not ACC. And now The Civilian has gone for the jugular:

    http://keepingstock.blogspot.co.nz/2013/10/the-civilian-on-brown.html

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  6. dime (10,222 comments) says:

    A local man from Nowra? haha wonder how many teeth he had.

    Dime once sustained a horrific sex injury but no compensation was forth coming (not even from me to her!)

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  7. wreck1080 (4,001 comments) says:

    Honestly, in this day and age I had no idea what side this judgement would come down on!!! I rated it is 50/50 either way.

    Another more liberal judge may have equally one the other way.

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  8. Judith (8,534 comments) says:

    There are some types of employment that such an injury could be ‘work’ related, in fact the oldest profession.

    I should imagine if the other person was a superior, with a clever lawyer one might be able to argue that the activity was part of a campaign for career advancement and therefore a workplace activity. God loves a trier apparently.

    Wouldn’t happen here, because of course we have ACC (bless them!)

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  9. Nigel Kearney (1,100 comments) says:

    As Judith said, we are so lucky to have a far superior system where there is no problem making other people pay for this kind of injury.

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  10. flipper (4,332 comments) says:

    Keeping Stock (9,251) Says:
    October 31st, 2013 at 9:30 am
    Tell that to Len Brown! His reputation has been so badly damaged
    ****

    No KS…
    the damage has been to Bevan, has it not?
    But as Judith noted…there is this thing called ACC :-)

    Brown….. If the MS media had balls, their stock question would be: “Who have you screwed today, Mr Mayor?”

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  11. simonway (387 comments) says:

    I disagree with this decision, but think how much money could have been saved if Australia just had a universal no fault compensation system like we do with ACC.

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  12. Keeping Stock (9,384 comments) says:

    @ flipper – you only have to look at the contrast between Campbell’s kid-gloves interview with Brown and Rebecca Wright’s nasty hatchet job on John Palino to know which way 3News leans. The lack of balance was appalling.

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  13. James Stephenson (2,268 comments) says:

    If the MS media had balls, their stock question would be: “Who have you screwed today, Mr Mayor?”

    Closely followed by: “Who have you threatened to keep quiet today, Mr Mayor?”

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  14. flipper (4,332 comments) says:

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    Keeping Stock (9,252) Says:
    October 31st, 2013 at 10:05 am
    ****
    Quite agree….

    And that bastard Campbell tried to smarm his way thru an invitation to the sort of hanging party he had constructed, unsuccessfully, for J Key and S Bridges.

    Just arseholes …him and his she wolf, both.

    Would love to see them try that on with the Whale or DPF.

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  15. RRM (10,104 comments) says:

    If her reputation and career is irreparably tarnished in Aussie, no doubt a ‘position’ in the Auckland Council could be found for her…?

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  16. CHFR (241 comments) says:

    simonway I hope you missed the /sarc tag off your comment.

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  17. ross69 (3,652 comments) says:

    Closely followed by: “Who have you threatened to keep quiet today, Mr Mayor?”</blocksides

    I think you have the Mayor confused with Palino. They are on opposite sides so an easy mistake to make. :)

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  18. ross69 (3,652 comments) says:

    Hard to see what other decision they could come to!

    Obviously you haven’t thought about the case. The decision had been appealed after a lower Court ruled that the claimant was entitled to compo. Even now, an argument can be made for awarding her compo

    “after four years before the courts, the case still divides legal opinion with two of the High Court judges disagreeing with the majority of their colleagues and arguing the woman, whose name has been suppressed by the courts, should have been paid out.”

    http://www.canberratimes.com.au/act-news/public-servant-loses-sex-injury-compo-claim-20131030-2wf3n.html

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  19. edhunter (554 comments) says:

    There really is something to be said for ACC, as a recent ditch hopperthe amount of insurance you need to have over here is quite ridiculous. I’m sure I’ll get use to it, but the inability to be able to sue & lack of lump sum payments in NZ should be held onto as long as possible.
    Sure this Bimbo may have been covered by ACC but without the ability to sue, I doubt very much a claim would’ve been made apart from the visit to the doctor.

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  20. OTGO (579 comments) says:

    If this was Len Brown he’d be blaming the the guy who made the light fitting.

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  21. holysheet (475 comments) says:

    If we have such a good ACC system how come Briscos had to pay $75k compensation to a dumbarse client who fell over a box in the shop?
    The case was taken against them by the crown. I thought we had a no fault system. NOT SO!!!!!!!!

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  22. simonway (387 comments) says:

    Because they’re still legally required to maintain appropriate safety in their stores. You said they were prosecuted by the Crown, not sued by the injured party.

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  23. holysheet (475 comments) says:

    Heres the full story
    http://www.stuff.co.nz/business/industries/9336589/Briscoes-fined-75k-for-customer-accident
    The client got $4000 from briscoes as well as cover from ACC. If this is not double dipping I don’t know what is. So much for a no fault acc system.

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  24. itstricky (2,027 comments) says:

    The client got $4000 from briscoes as well as cover from ACC. If this is not double dipping I don’t know

    It could just be because the judge felt the ACC payment was insufficent for the damage caused.

    I am just guessing reading.

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  25. ChardonnayGuy (1,232 comments) says:

    Except, presumably, if you’re a sex worker and sustain injuries like a sprained leg or back problems while performing your occupational responsibilities. Must ask Calum and Catherine the next time I see them.

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