Are you here for business or pleasure?

Well a blog about crazy employment lawsuits would not be complete without a sex scandal. In this Australian bureaucrat, who was not named due to privacy/legal issues, opened a worker’s compensation claim against the Australian government’s insurance carrier Comcare. In 2007 the woman was on a business trip, she stayed in a hotel, and had a sexual encounter with a male friend. During the encounter, things became quite aggressive. A lamp was pulled from the wall and struck the woman in her face. She went to the hospital for emergency services. She also later suffered from depression, and ultimately had to leave her government job due to her psychological issues. The government’s insurance company denied her claim because they said that her sexual encounter was not a normal part of a hotel stay during a business trip. A normal stay would only include bathing, sleeping, etc. The insurance company further argued that the the government had not condoned the claimants sexual actions. Ultimately the court ruled that she did indeed have a claim. The court stated that no approval of the claimants actions was needed in order to provide insurance coverage. So she did receive her work comp benefits for the physical and psychological effects of her injury. This is a case where I’m stuck in the middle. On one had I feel strongly about worker’s compensation and that employees should not have to fight for benefits, when they are due. On the other hand. The woman chose to engage in those actions on her own free will, weather she was on a business trip or not.



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