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進入《中英對照讀新聞》Australian court：Worker’s comp covers sex mishap 澳洲法院：員工保險理賠涵蓋性愛活動意外
◎管淑平
A woman who was injured while having sex in a Autralian hotel during a work trip has won the latest round in her legal battle for industrial compensation.
一名出差期間在澳洲一家飯店做愛時受傷的婦人，在爭取工作傷害賠償的官司中贏得最新一回合勝利。
The woman, who was a public servant, was hospitalized after being injured in 2007 during sex with a male friend while staying in a motel in the town of Nowra.
這名婦人是公務員，她2007年投宿諾拉鎮一家汽車旅館，與一名男性友人做愛時受傷就醫。
She suffered injuries to her nose and mouth when a light fitting above the bed was ripped from its mount and landed on her face.
她因為床上方燈具從燈座斷裂，掉在她臉上，鼻子和嘴被砸傷。
Her claim for worker’s compensation for her physical and psychological injuries was initially approved by government insurer Comcare, then rejected after further investigation.
她因其身心傷害申請工傷賠償，起初獲得承保政府員工保險的Comcare公司核准，但Comcare進一步調查後拒絕。
Comcare claimed the injuries were not suffered in the course of her employment, and they were therefore not required to pay any damages. They argued the government had not induced or encouraged the woman’s sexual conduct.
Comcare主張，她不是在受僱工作過程中受到這些傷害，因此他們沒必要賠償。他們認為，政府未勸說或鼓勵這名婦人的性行為。
The case initially went before the Administrative Appeals Tribunal. The tribunal found that the woman had to show that the sexual activity which led to her injury had been expressly or impliedly induced or encouraged by her employer.
此案一開始由行政上訴仲裁庭審理。仲裁庭認為，這名婦人得證明導致她受傷的性愛活動受到其雇主明言或暗示地勸說或鼓勵。
However, that ruling was overturned in the Federal Court. Finally the Full Bench of the Federal Court has ruled in favour of the woman.
然而，這項裁定在聯邦法院被推翻。最終聯邦法庭合議庭裁定支持婦人的理賠要求。
新聞辭典：
mishap：名詞，意外、閃失。例句：They have arrived Germany without any mishap.（他們已經平安抵達德國。）
rip：動詞，撕裂、斷掉。rip off，俚語，動詞或名詞（rip-off），搶、騙、敲詐。例句：The cost of data roaming is $10 per megabyte. That’s a rip-off.
（每百萬位元組傳輸量的數據漫遊費要10美元。真是搶錢。）
induce：動詞，勸說、引誘、招致。例句：The tsunami was induced by a major earthquake.（這場海嘯是由大地震引起。）
