A woman who was injured while having sex in a motel room during a business trip has lost her claim for compensation.
A glass light fitting above the bed fell onto her face, injuring her nose and mouth. She later suffered depression and was unable to continue working for the Australian government.
The woman, who cannot be identified for legal reasons, was a federal civil servant in her 30s when she was hospitalised for the injury, sustained in 2007 at the motel in Nowra, 100 miles south of her hometown of Sydney.
The judgment is a final decision, reversing lower court rulings, and could have ramifications for other federal employees who claim compensation for unconventional work-related mishaps.
The ruling said the woman's employer did not induce or encourage her to participate in the sex, so the federal government insurer, Comcare, was not liable to compensate her. The lower court said the woman was injured in the course of her employment and should be compensated.
Comcare initially approved her claim for worker's compensation but rejected it after further investigation. An administrative tribunal agreed that her injuries were not suffered in the course of her employment, saying the government had not induced or encouraged the woman's sexual conduct. The tribunal also found the sex was "not an ordinary incident of an overnight stay" such as showering, sleeping and eating.
Federal Court Judge John Nicholas overturned that last year, rejecting the tribunal's findings that the sex had to be condoned by the government if she were to qualify for compensation.
"If the applicant had been injured while playing a game of cards in her motel room, she would be entitled to compensation even though it could not be said that her employer induced her to engage in such activity," Nicholas wrote then.
Comcare lost its appeal last December, with the three judges finding that the government's views on the woman having sex were irrelevant.
But the High Court ruled that Comcare was not liable to pay compensation. The judges did not say how much compensation had already been paid. Comcare declined to comment on the amount, but said it was considering recovering it.
Employment Minister Eric Abetz hailed the ruling as a victory for common sense.
"Instances such as this where an employee seeks to stretch the boundaries of entitlements are of great concern and the High Court's intervention is welcome," he said.
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