Insurer iCare rejected a compensation claim from a woman who alleged she was sexually assaulted at night in a Sydney office because it was not a workplace issue.
NSW state government insurer iCare told a woman who alleged she was sexually assaulted in an accounting firm office that her story was “implausible” and rejected her compensation claim for psychological injury on the basis it was not a workplace issue.
After attempting to return to work the next week, the woman then stayed at home on the basis that the alleged incident affected her ability to work. She placed a worker’s compensation claim with iCare, via claims manager EML, related to post-traumatic stress disorder. “We consider it implausible that you and [the manager] would, after such a period of time and activity and at 11pm, return to the office to discuss an employee’s salary,” iCare wrote in its decision, dated June 8, 2021.“Further, [the manager] stated that prior to leaving Ryan’s Bar to return to the office, you and he had been standing away from others and could have discussed work matters there at the bar without needing to return to the office.
An appeal of the claim is ongoing and recently received Workers Compensation Independent Review Office funding, according to Law Advisory’s Kasturi Wren, who is representing the woman in her compensation claim.
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