07-29-2011, 01:30 PM
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#1
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Crowsnest Pass
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Rough Sex Injury On Business Trip - Workers Comp?
http://cnews.canoe.ca/CNEWS/World/20.../18487121.html
The woman, a public servant who cannot be named, was hit in the face by a glass light fitting while she was having sex in her hotel room the night before a meeting in November 2007, the Australian Associated Press reported.
The Australian government's workplace safety board, ComCare, rejected her claim.
But in an appeal to a federal court, the woman's lawyer, Leo Grey, said sex is "an ordinary incident of life." If the woman had been injured while showering or sleeping, she would receive compensation, he argued.
In a statement, the man who was also involved said the two were "going hard" and he wasn't sure if they bumped the light or if it fell off the wall on its own.
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07-29-2011, 01:58 PM
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#2
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That Crazy Guy at the Bus Stop
Join Date: Jun 2010
Location: Springfield Penitentiary
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For once I'm going to agree with this crazy lady.
####ing is an "ordinary incident of life" and should be covered, if other comparable incidents would be covered.
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07-29-2011, 02:03 PM
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#3
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Franchise Player
Join Date: Nov 2006
Location: Supporting Urban Sprawl
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Does the same apply for a business trip in Canada? If you are on a trip and get injured while not performing your job (or whatever the reason for the trip was), are you covered by WCB?
That seems pretty messed up.
__________________
"Wake up, Luigi! The only time plumbers sleep on the job is when we're working by the hour."
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07-29-2011, 02:08 PM
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#4
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something else haha
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Insurance Guy: "Pics or it didn't happen"
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07-29-2011, 02:15 PM
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#5
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n00b!
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Quote:
Originally Posted by troutman
In a statement, the man who was also involved said the two were "going hard" and he wasn't sure if they bumped the light or if it fell off the wall on its own.
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Love it!
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07-29-2011, 02:26 PM
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#6
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Franchise Player
Join Date: Dec 2007
Location: CGY
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Well at least we know,
with a story like that,
they were going balls to the wall.
YYYYEEEEEAAAAAAHHHHHHH!!!!
__________________
So far, this is the oldest I've been.
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07-29-2011, 04:45 PM
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#7
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Franchise Player
Join Date: Dec 2006
Location: Calgary, Alberta
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Quote:
Originally Posted by Rathji
Does the same apply for a business trip in Canada? If you are on a trip and get injured while not performing your job (or whatever the reason for the trip was), are you covered by WCB?
That seems pretty messed up.
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Not to put this on topic, but WCB only covers you in the actual course of employment. This would be covered by a stand alone disability policy though.
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07-29-2011, 04:53 PM
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#8
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Franchise Player
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Quote:
Originally Posted by Slava
Not to put this on topic, but WCB only covers you in the actual course of employment. This would be covered by a stand alone disability policy though.
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There's likely precedent that makes this relatively clear, but can't an argument be made that you are acting in the course of employment the whole time your traveling if your job requires it?
Apologies in advance for a boring post in a thread about rough sex
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07-29-2011, 05:01 PM
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#9
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In the Sin Bin
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More to the point: is there a point at which WCB can deny a claim due to your own actions? i.e.: I'm driving to Edmonton in the course of my job, and I get hit by someone who runs a stop sign. I'm covered. But what if I am the one who ran the stop sign?
In this case, there might be a difference between just getting it on, and going at it hard enough that the light potentially fell out of the ceiling. The latter is most impressive, but hardly an "ordinary incident of life".
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07-29-2011, 05:06 PM
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#10
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Lifetime Suspension
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Quote:
Originally Posted by Resolute 14
In this case, there might be a difference between just getting it on, and going at it hard enough that the light potentially fell out of the ceiling. The latter is most impressive, but hardly an "ordinary incident of life".
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Sure it is. A properly mounted fixture will not fall off no matter how hard you go at it.
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07-29-2011, 05:08 PM
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#11
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Franchise Player
Join Date: Dec 2007
Location: CGY
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Quote:
Originally Posted by Resolute 14
In this case, there might be a difference between just getting it on, and going at it hard enough that the light potentially fell out of the ceiling. The latter is most impressive, but hardly an "ordinary incident of life".
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__________________
So far, this is the oldest I've been.
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07-29-2011, 05:09 PM
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#12
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Lifetime Suspension
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Haha nice.
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07-29-2011, 05:23 PM
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#13
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Franchise Player
Join Date: Dec 2006
Location: Calgary, Alberta
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Quote:
Originally Posted by valo403
There's likely precedent that makes this relatively clear, but can't an argument be made that you are acting in the course of employment the whole time your traveling if your job requires it?
Apologies in advance for a boring post in a thread about rough sex
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Well I'm not a lawyer, but I would assume its rooted in precedent somewhere. I just know that the WCB position is clearly that it has to be part of your job though. I would assume they would deny coverage for this as a result and defend based on this not being part of the persons job.
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07-29-2011, 05:36 PM
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#15
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NOT breaking news
Join Date: Jan 2007
Location: Calgary
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2007? why's it taken this long to rule?
__________________
Watching the Oilers defend is like watching fire engines frantically rushing to the wrong fire
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07-29-2011, 06:59 PM
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#16
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Franchise Player
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Quote:
Originally Posted by Slava
Well I'm not a lawyer, but I would assume its rooted in precedent somewhere. I just know that the WCB position is clearly that it has to be part of your job though. I would assume they would deny coverage for this as a result and defend based on this not being part of the persons job.
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Perhaps she was 'closing a deal'
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07-29-2011, 09:32 PM
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#17
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First Line Centre
Join Date: Aug 2004
Location: Fort McMurray, AB
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I really, really want to meet this girl. Well, at this point I guess I just really, really want to see a picture of this girl. Then, if she's at least a 4, I really, really want to meet this girl.
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07-29-2011, 09:58 PM
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#18
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Franchise Player
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Quote:
Originally Posted by schteve_d
I really, really want to meet this girl. Well, at this point I guess I just really, really want to see a picture of this girl. Then, if she's at least a 4, I really, really want to meet this girl.
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Don't worry about that, the light's broken
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07-29-2011, 11:26 PM
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#19
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Franchise Player
Join Date: Nov 2006
Location: Supporting Urban Sprawl
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Quote:
Originally Posted by Resolute 14
More to the point: is there a point at which WCB can deny a claim due to your own actions? i.e.: I'm driving to Edmonton in the course of my job, and I get hit by someone who runs a stop sign. I'm covered. But what if I am the one who ran the stop sign?
In this case, there might be a difference between just getting it on, and going at it hard enough that the light potentially fell out of the ceiling. The latter is most impressive, but hardly an "ordinary incident of life".
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I was on WCB once, partially because I was looking at a young lady in the parking lot at work, and slipped on the lone patch of ice in the parking lot while walking to my car.
__________________
"Wake up, Luigi! The only time plumbers sleep on the job is when we're working by the hour."
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