The debate over liability in a New South Wales worker’s compensation battle continues this week, with ComCare saying it should not have to pay the bill for an employee who was injured during sex on a work trip.

Lawyers for federal workplace insurer told the High Court in proceedings late last week that the Federal Government “should not take financial responsibility for public servants having sex in motel rooms,” claiming public servants should not receive pay-outs for misadventure during activities of personal choice.

The insurer ComCare is looking to have the compensation award overturned after the original case found in the woman’s favour, saying the injury occurred during her “course of employment”, barristers arguing it was an “ordinary incident of life” in a hotel room, analogous to showering or sleeping.

The Commonwealth Solicitor General Justin Gleeson SC told the High Court that sex should be seen as a personal choice, far removed from the work duties that the public servant was in Nowra to perform.

The hearing will continue.