The Australian Federal Court awarded the women compensation for the facial and psychological injuries she suffered when a glass light fitting came away from the wall above the bed in her motel room as she was having sex in November 2007.
The woman, who was in her late thirties, worked for workplace health insurer Comcare, which argued that having sex during a work trip had nothing to do with her job. But the court ruled in her favour because her injuries were suffered while she was in the motel room in which her employer had told her to stay.
She had invited a male friend to her room at 10pm or 11pm where they had sex that resulted in her injury.
The male friend said in his statement at the time that they were “going hard” and he did not know if they bumped the light or it just fell off.
“I think she was on her back when it happened but I was not paying attention because we are rolling around.” he said.
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