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Death During Sex On A Business Trip Is 'Workplace Accident': Paris Court Of Appeals

LIVELAW NEWS NETWORK
12 Sep 2019 11:02 AM GMT
Death During Sex On A Business Trip Is
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The Court of Appeals at Paris has held that death of a man caused due to a cardiac arrest during sex on a business trip amounts to "workplace accident", reported the BBC

The deceased, Xavier X, was a French engineer at a railway services company, TSO who died during a business trip to the Loiret region in central France in 2013. He died while he was engaged in what the employer called "an extramarital relationship with a perfect stranger".

The state health insurance provider directed the company to provide compensation to the family of the deceased employee treating his death as one arising during employment.

Challenging the order of the state health insurance provider, TSO denied any liability of his death stating that "an extramarital relationship with a perfect stranger" could not amount to carrying out professional duties.

Dismissing the appeal, the court granted compensation to the family of the deceased. It was stated that the company could not be relieved of its liability unless it proved that the employee "interrupted his mission" for personal reasons. The court also said that sexual activity "is a matter of everyday life, like taking a shower or a meal" and cannot be excluded merely because the deceased was on a business trip.

The court also noted that under French laws, an employer is responsible for any accident occurring during a business trip and the deceased was entitled to social protection "over the whole time of his mission".

A copy of the ruling in French may be accessed here.

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