Justice John Nicholas ruled that woman was injured during the course of her employment, after the woman’s legal team argued sex with an ‘ordinary incident of life’.
The judge said: “if the applicant had been injured while playing a game of cards in her motel room she would be entitled to compensation”
The woman, who cannot be named, had her initial claim for compensation rejected after a light fitting came away from the wall while she and a male friend were mid-coitus, and fell on her causing facial injuries.
The woman in her late thirties had been required to travel to the town by her employer and had met a friend in a restaurant there before going to her hotel room.
The friend said in a statement, that at the time of the accident they were “going hard”.
“I think she was on her back when it happened but I was not paying attention because we were rolling around,” he added.
