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

(2014) 36 Sydney Law Review 345-367

23 Pages Posted: 28 Jun 2014 Last revised: 1 Sep 2014

See all articles by Eric Windholz

Eric Windholz

Monash University - Faculty of Law

Date Written: 2014

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

Suggested Citation

Windholz, Eric, Comcare v. PVYW: Are Injuries Sustained While Having Sex on a Business Trip Compensable? (2014). (2014) 36 Sydney Law Review 345-367, Available at SSRN: https://ssrn.com/abstract=2459753

Eric Windholz (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
45
Abstract Views
445
PlumX Metrics