ARTICLE · 03 NOVEMBER 2009

Driving Home From A Work Function Under The Influence Of Alcohol: In The Course Of Employment?

Norton Rose Fulbright Australia

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The New South Wales Workers Compensation Commission recently considered a case regarding a claim for workers compensation by an employee, Camilla Scharrer (Ms Scharrer) who suffered severe injuries in a motor vehicle accident.

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Article by Geoff Irvine and Daniel Davison

The New South Wales Workers Compensation Commission recently considered a case regarding a claim for workers compensation by an employee, Camilla Scharrer (Ms Scharrer) who suffered severe injuries in a motor vehicle accident.

The incident occurred in the early hours of 15 December 2001 when Ms Scharrer was travelling home from her employer's Christmas party in a work vehicle she was entitled to use for personal use. After the accident, she registered a blood alcohol reading of 0.124 per cent, which was in excess of the allowable limit of 0.05 per cent.

The employer, The Redrock Company Pty Ltd (Redrock) made weekly payments to Ms Scharrer from the time of the accident up to July 2005, at which point it decided to deny liability for future payments on the basis the injuries were attributable to the serious and wilful misconduct of Ms Scharrer because she was under the influence of alcohol.

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