Courts to Decide two Comcare Appeals

Federal workplace insurer Comcare has appealed two recent decisions. The High Court will be asked to decide if public servants injured during sex sessions while on a work engagement are entitled to worker’s compensation. While the Full Federal Court will hear a public sector compensation claim concerned with the definition of ‘permanent impairment’.

A public servant who was injured during a session of ‘vigorous’ sex was awarded compensation by the Federal Court. This resulted in injury to her mouth and nose that the Federal Court saw as injury incurred in the course of her work. The High Court must decide if the woman should be covered by her insurer even if she they were sustained during a non-work related activity.

Meanwhile, the Full Federal Court will hear an appeal from a decision that branded Comcare’s permanent impairment guidelines ‘a nonsense’. The case stemmed from a firefighter who was diagnosed with compartment syndrome and was forced to stop work in 2005. Comcare rejected his claimed for permanent disablement claiming that he did not meet the 10 per cent ‘impairment criteria’.

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