Comcare v PVYW: Are injuries sustained while having sex on a business trip compensable?

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    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.
    Original languageEnglish
    Pages (from-to)345 - 367
    Number of pages23
    JournalThe Sydney Law Review
    Volume36
    Issue number2
    Publication statusPublished - 2014

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