Demasi and Comcare (Compensation)

This matter concerned an appeal by Ms Demasi against a decision by Comcare regarding her claim for workers' compensation. Ms Demasi was injured while running near her home on a day she was working remotely. The central dispute was whether the injury sustained during her run arose out of, or in the course of, her employment, and whether her home constituted a "place of work" for the purposes of the relevant legislation.

The court was required to determine two primary legal issues. Firstly, whether Ms Demasi's home should be considered her "place of work" within the meaning of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). Secondly, the court had to consider whether the break taken by Ms Demasi for her run constituted an "ordinary recess" from her employment, as contemplated by the Act.

In addressing the first issue, the court found that despite the lack of formal written arrangements, the practical reality was that Ms Demasi's home was her place of work on the day of the injury. This conclusion was based on the accepted practice of working from home, her communication with her manager, and the fact that she had commenced work duties at home before her injury. Regarding the second issue, the court applied the principles established in *Drummond v Drummond*, interpreting "ordinary recess" to mean a relatively brief interruption for rest or refreshment that ordinarily occurs at regular times. The court concluded that Ms Demasi's run, while a break, was not an "ordinary recess" in the context of her employment.

Consequently, the court affirmed the decision under review, finding that Ms Demasi's injury was not sustained during an ordinary recess in her employment.