To break it down, a woman was in a location due to work. Something the should not have broken, at that location, did break, which caused injuries to her. The worker claimed compensation for injuries sustained because of something that was faulty. Why is that about morals or respect? Why are people so unsupportive of a working woman's workers comp claim?
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20-04-2012 13:53 #51
20-04-2012 13:54 #52
However if you read all of the documents/reports circulating, the couple actually admit the light was very likely damaged by their rough play, it didn't just 'fall' down. And that's exactly why I have an issue with this being a 'work' claim.
As per my previous posts, if the light did just fall then I would agree that this should be considered as a claim. But if they admit to their own negligence - regardless of whether it was via $ex or playing cards - then they should take responsibly for their own actions, just like they'd have to if it happened at home. Just IMO - everyone is entitled to their own views and I respect those.
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20-04-2012 13:55 #53
To everyone querying WHY she didn't just keep quiet and deal with it herself - presumably she had significant medical costs that occured following the incident. Perhaps she couldn't afford those costs herself (do we know anything about fer financial situation? children etc?), didn't have private health cover and had no option but to make a claim.
A bit of understanding and empathy doesn't go astray...
20-04-2012 13:56 #54
I can't speak for others but my view has nothing to do with a moral judgement. I just happen to agree with the first judge who ruled against her:
"it is insufficient for the employee simply to be at a particular location during an interval or interlude in an overall period or episode of work for liability for injury to arise. The activities engaged in during that interval which led to the employee's injury must be expressly or impliedly induced or encouraged by the employer. Although the connection need not be a close one, a Nexus is essential before liability will be incurred".
The Appeal Judge disagreed and ruled the other way. Such is life I suppose. Ultimately these things come down to one person's interpretation and opinion.
Do all of you think the first judge was morally judging her or do you think he was just interpreting the law as he saw fit?
20-04-2012 13:57 #55
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The Fox (20-04-2012)
20-04-2012 14:02 #56Happy family
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I think its reasonably to expect people to have sex in a motel bed. I dont think its reasonable to expect a light fitting to fall from the roof when engaging in these activities, rough sex or not.
20-04-2012 14:05 #57Senior Member
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kw123 I'd say that was the Judge's interpretation of the law.
I know her employer claimed that they did not instruct her to have intercourse on the trip away (der) but I'm sure they also didn't instruct her to brush her teeth, go to the toilet, have a shower etc... these are all normal, everyday activities.
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20-04-2012 14:34 #58
As return to work coordinator I though I had seen them all but this takes the cake! Honeslty, to me it's absolutely ridiculous but as ridiculous as is to me, it is a legit claim end of story. She's entitled to a workers comp claim and that's our system for you. I've seen some injuries in my workplace that make me really angry of the way our system works. Far too many loopholes where people get away with messing the system! Not fair for the legit claims but yea, she's entitled.
20-04-2012 14:38 #59-
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20-04-2012 14:43 #60
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