Some more WTF moments regarding our court system

[Jim Goose]

Reading an article today that a cop from WA while away for work purposes interstate was assaulted, failed in his bid to get workers compo....

http://www.abc.net.au/news/2012-09-2...-fight/4279860

Police officer loses assault compensation fight
By court reporter Candice Marcus

Police officer loses legal fight to get assault compensation from the force

An Adelaide police officer who was assaulted while in Queensland for a national counter-terrorism course has lost a South Australian Supreme Court appeal to get employer compensation for his injuries.

The court heard Jason Wheeler was an instructor at a police training course at Mount Isa in April 2009.

While returning to his motel, he was struck with some force to the back of his head and became unconscious.

He had picked up takeaway food on his way back to the motel and had just been at a social gathering at the Mount Isa Police Social Club to mark the end of the training course.

Mr Wheeler succeeded initially in a judicial review in the Workers Compensation Tribunal, but the decision was overturned on appeal by the full bench of the Tribunal.

His employer argued Mr Wheeler was not involved in the training course at the precise time of the assault.

Mr Wheeler appealed to the Supreme Court against that decision.

It unanimously dismissed Mr Wheeler's appeal, ruling the full bench of the Tribunal did not exceed its jurisdiction by making its own factual determinations on the case.

So the supreme court of SA says... he technically wasnt on "duty" so he isnt entitled.... ok... then there was this case in April of a woman WHO GOT COMPO because she got injured WHILE HAVING SEX in a motel room while away for work purposes..

http://www.news.com.au/business/work...-1226333292525

Worker injured during sex gets compensation payout

news.com.au
April 19, 2012 1:45PM

A WOMAN who was injured while having sex in her hotel room during a work trip is entitled to compensation.

In the Federal Court today Justice John Nicholas ruled that the woman was injured during her “course of employment”.

The woman’s barrister argued that sex was an “ordinary incident of life” in a hotel room, much like showering and sleeping.

The Judge ruled that “if the applicant had been injured while playing a game of cards in her motel room she would be entitled to compensation” and the fact that the woman was engaged in sexual activity rather than some other lawful recreational activity while in her hotel room does not lead to any different result.

The woman, who cannot be named, challenged the rejection of her workers' compensation claim for facial and psychological injuries suffered when a glass light fitting came away from the wall above the bed as she was having sex in November 2007.

The woman in her late thirties was required to travel to a country town by her employer, the Human Relations Section of the Commonwealth Government agency.

She arranged to meet a male friend there who lived in the town. They went to a restaurant for dinner and at about 10pm or 11pm went back to the woman’s motel room where they had sex that resulted in her injury.

The male friend said in his statement at the time that they were "going hard” and he did not know if they bumped the light or it just fell off.

“I think she was on her back when it happened but I was not paying attention because we are rolling around.”

SERIOUSLY WTF??!!?!??

I hope the cops lawyers do some more research and appeal the decision as clearly the cop is away in "the course of his employment!"