Comcare v. PVYW: Are Injuries Sustained While Having Sex on a Business Trip Compensable?

Abstract

The noteworthiness of the High Court decision in Comcare v PVYW extends beyond the titillating nature of its subject matter. What constitutes a ‘work-related’ injury for which workers’ compensation is payable is an important concept with significant social and economic implications. The judges in Comcare v PVYW grappled with one aspect of the concept — the circumstances in which an injury incurred during an interval in an overall period of work is compensable. The decision of the majority of the High Court clarifies and injects a level of pragmatism into the concept. Notwithstanding this, however, what constitutes a compensable ‘work-related injury’ remains a matter of degree and dispute that will continue to be litigated.

Keywords: Workers compensation, work-related injury, safety

JEL Classification: J28, J33, K31, K32