EMPLOYMENT & SAFETY Alert: High Court shines a light on after-dark injury

5 November 2013


In an important decision on the definition of ‘in the course of employment’ the High Court on Wednesday 30 October found in Comcare v PVYW [2013] HCA 41 that an employee was not covered by workers compensation legislation whilst engaged in sexual activity during a work-related trip.

The Applicant had been staying at a motel in regional New South Wales on a work-related trip. After work, the Applicant engaged in sexual activity which led to a light fitting being pulled from a wall causing physical injuries to her nose and mouth and a subsequent psychological injury.

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