Category Archives: Health

Hospitality Industry Health Risks: New York Restaurant Sued By Guest Who Choked On Fish Bone; Throat Surgery To Repair Perforated Trachea

“…She was brought to Lenox Hill Hospital, where she required surgery and a four day stay. Doctors found a Hospitality Industry Lawsuitmicro perforation of her trachea and she was unable to speak for two weeks after being discharged…”

An Upper East Side restaurant that specializes in serving fish is now choking on a lawsuit because of a tiny little bone that lodged in the throat of one of its customers. Claire Amiano, a Michael Kors specialist at Saks, is suing Fulton NYC, a fish restaurant on East 75th Street, saying that she needed emergency throat surgery in August 2012 because a filet of fish she ordered for dinner was not entirely deboned as promised.

Papers filed in Manhattan Supreme Court say when Amiano started to choke, employees called 911 and offered her olive oil and bread to dislodge the bone.

Fulton is owned by Joseph Gurrera who founded the small local chain of Citarella stores which offer high end groceries. He also created Tutto Italiano, an Italian specialty shop.

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Filed under Guest Issues, Health, Injuries, Insurance, Liability, Management And Ownership

Hospitality Industry Safety Risks: California Hotel Faces “Negligence Lawsuit” Over Carbon Monoxide Leak From Hotel Pool Boiler

“…(the plaintiff) was a guest at the time of the evacuation, which was believed to be caused by a boiler leak…claims the hotel was not equipped with carbon monoxide detectors resulted in exposing paying guests to hotel Carbon Monoxide Poisoninghazardous levels of the gas… he’s claiming negligence and requesting the hotel cover costs of general damages, medical bills, potential loss of revenue and legal fees…”

A carbon monoxide leak that prompted the evacuation of the Embassy Suites San Francisco Airport hotel in Burlingame in November prompted a lawsuit from a guest who was staying at the hotel. On Friday, a lawsuit was filed against the hotel on behalf of Robert and Diane McNamara by San Francisco-based attorney Richard Schoenberger.

Firefighters were called to the hotel at 150 Anza Blvd. to test its air quality and evacuate guests around 1 a.m. Thursday, Nov. 8, according to news reports at the time.

The carbon monoxide was traced to a boiler that feeds the hotel pool and a spa, Central County Fire Chief Don Dornell said at the time. The unit was immediately shut down, and carbon monoxide levels dissipated, he said. At the time, it was reported that there were no injuries nor was treatment required of anyone. Guests were able to return to their rooms shortly after 5 a.m. Crews remained at the hotel monitoring the air throughout the morning.

For more:  http://www.smdailyjournal.com/article_preview.php?id=1761499&title=Carbon%20monoxide%20leak%20at%20hotel%20sparks%20lawsuit

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Filed under Guest Issues, Health, Insurance, Liability, Maintenance, Management And Ownership, Pool And Spa

Hospitality Industry Insurance Risks: Workers' Comp Insurance Fraud Costs Businesses $7.2 Billion Annually

In 2007 State Fund discovered Safehome Inc. was under reporting their employee payroll to avoid paying the proper premium. An audit was completed and indicated that Safehome Inc. had failed to pay the proper workers compensation insurancepremiums for their workers’ compensation policy in the amount of $477,285. Additionally, State Fund determined the business was operating out of its classification, and related payroll was never reported to either State Fund or EDD, according to investigators.

“…the three types of most common workers’ comp fraud – injured worker fraud, provider fraud and premium fraud – haven’t changed much…”

Workers’ compensation fraud costs businesses $7.2 billion annually, roughly a fifth of all workers’ compensation payments, according to the National Insurance Crime Bureau.

In the past, it’s been challenging to prosecute workers’ compensation fraud, but recently passed legislation is making it easier for agencies like State Fund to work together to fight fraud. In June, as a result of a joint task force that included State Fund, more than 100 enforcement actions were taken against companies for failure to comply with state contracting, insurance and payroll requirements.

And earlier this year, State Fund partnered with other agencies on a fraud case that resulted in a conviction with restitution orders to both State Fund and the Employment Development Department.

For more:  http://www.insurancejournal.com/news/west/2012/12/12/273777.htm

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Filed under Health, Injuries, Insurance, Labor Issues, Management And Ownership, Risk Management

Hospitality Industry Insurance Risks: Pending Legislation Before Congress Deals With Medicare Payments, Workers' Compensation And Liability Insurance Claims

“…the Medicare Secondary Payer and Workers’ Compensation Settlement Agreements Act of 2012…deals only with workers’ compensation claims, and seeks to establish clear and consistent rules for workers’ workers comp medicalcompensation set-asides for claimants covered by Medicare…”

“…The Strengthening Medicare and Repaying Taxpayers Act…deals with issues related to the Medicare Secondary Payment Act. Specifically, it deals with mandates for providing timely information on conditional payments, penalties and statutes of limitations when claims are reported to the Centers for Medicare and Medicaid Services by insurers and self-insured and third-party payers on no-fault auto-insurance claims, workers’ compensation claims, and claims under liability insurance…”

Insurance and related industries are seeking to win support in the waning days of the current Congress for two pieces of legislation dealing with payment of injured worker claims to people whose primary insurance is Medicare. Officials of both the American Insurance Association and the Property Casualty Insurers Association of America are urging action on the bills this year.

Nathaniel Wienecke, PCI senior vice president, Wednesday asked officials of the Senate Finance Committee and the House Ways and Means Committee if it could act on the bill this year.

Currently, workers’ compensation claims that overlap with Medicare coverage are subject to lengthy, cumbersome review by the Centers for Medicare and Medicaid Services to establish the proper “set-side” coverage amounts for future medical expenses, according to PCI officials.

For more:  http://www.propertycasualty360.com/2012/12/14/insurance-reps-push-for-action-on-medicare-seconda?t=commercial

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Filed under Claims, Health, Injuries, Insurance, Labor Issues, Legislation, Management And Ownership

Hospitality Industry Health Risks: Restaurant Dishes And Silverware Cleaning And Sanitation Methods "Fall Short Of Eliminating Norovirus" According To Research Study

“Norovirus is the leading cause of epidemic gastroenteritis and the major cause of foodborne illness in the United States…proper sanitation and handling remain the single biggest factor that can prevent cross-norovirus outbreak hotelscontamination of food and dishware at food service establishments…better agents or methods (are needed) to significantly reduce the presence of norovirus…”

Restaurant dishes and silverware may be an overlooked place where people can catch stomach viruses, according to a new study published December 5, 2012 on the PLOS One website.

While the current industry guidelines for cleaning dishware used in public settings are effective at neutralizing bacteria, researchers at The Ohio State University found that they appear to fall short of eliminating norovirus.

Norovirus is the leading cause of epidemic gastroenteritis and the major cause of foodborne illness worldwide, responsible for at least 50% of all gastroenteritis outbreaks in the United States.

For more:  http://www.plosone.org/article/info%3Adoi%2F10.1371%2Fjournal.pone.0050273#s5

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Filed under Food Illnesses, Guest Issues, Health, Insurance, Labor Issues, Liability, Maintenance, Training

Hospitality Industry Health Risks: Hotel Employee Causes Chemical Reaction By "Accidentally" Mixing Pool Chemicals, Forcing Evacuation; Hazmat Team Sent For Clean-Up

“…an employee had accidentally poured chlorine into a container of muriatic acid, causing a chemical chlorine gas leakreaction…since chlorine was diluted and poured down a drain by an employee, the Region of Peel’s hazardous materials team has also been sent to the hotel…”

A mishap with pool chemicals has forced some of the staff and guests at the Hilton Garden Inn on Traders Blvd. E. to be evacuated from the hotel this morning.

Everyone on the first floor of the building was evacuated as the Mississauga Fire and Emergency Services Department and police arrived. The second floor has now been evacuated after guests reported smelling chlorine. A Mississauga Transit bus has been sent to the hotel at 100 Traders Blvd. E., just east of Hurontario St.,  to accommodate those who have been forced outside. A decontamination area has been set up to help with the clean-up.

An ambulance has taken one person to Credit Valley Hospital.

For more:  http://www.mississauga.com/news/article/1547378–hotel-evacuated-after-pool-chemical-mix-up

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Filed under Guest Issues, Health, Injuries, Labor Issues, Liability, Maintenance, Training

Hospitality Industry Health Risks: Illinois Restaurant Connected To "Salmonella Contamination Through Human Transmission" Closed Down; Employees Must Be Cleared To Work

“…the (restaurant) was found to have a suspected connection to the salmonella cases…the health department discussed the situation with the franchise ownership, at which time they chose to voluntarily close in an abundance of caution…the link does not seem to be a certain food, but rather human transmission…”

A McDonald’s eatery in Bloomington, Ill. in McLean County was shuttered before the Thanksgiving weekend as investigators look into a suspected case of salmonella contamination. It remains closed.

Pantagraph.com writes that a range of confirmed salmonella cases were reported at several different restaurants in Central Illinois between October 18 and November 11, and “substantial information connecting the [McDonald’s] to the cluster of salmonella cases was discovered last week.” Investigators believe the sickenings were a result of human transmission rather than a specific food item.

Every employee at the McDonald’s is being tested and the restaurant will not reopen until enough staff have been cleared to work.

“People that are sick, they know they’re sick,” Simon said. “They’ve been sick for a period of time.” For about a week, these individuals have been suffering from particularly nasty cases of Salmonella Stanley, a rare strain that Food Safety News writes is rare outside of Southeast Asia and usually appears only in people who have traveled there.

For more:  http://www.huffingtonpost.com/2012/11/27/mcdonalds-bloomington-salmonella_n_2197920.html

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Filed under Food Illnesses, Health, Labor Issues, Maintenance, Risk Management

Hospitality Industry Health Risks: Tennessee Restaurant Employees Offered "Free Vaccines" By Non-Profit Group; Lack Of Health Insurance And Risks Of Contracting Flu Cited

“… healthcare professionals with The Shot Nurse have been visiting hundreds of Memphis area restaurants offering free vaccines for employees made possible with funding from Serving Memphis. Restaurant workers were chosen for the campaign for a number of reasons. They frequently lack health insurance, or work multiple jobs making it difficult to find time to get vaccinated. Also, their work with the general public puts restaurant employees at greater risk to contract the flu…”

Getting sick hurts restaurant workers in another place: Their pocketbook. “In this industry, you live off each day of work,” Hafford said.

So far this year, Pietri estimates she’s surprised more than 200 restaurants and injected 430 workers with the flu vaccine. The registered nurse works for The Shot Nurse, which would charge $25 per injection. But that expense is being born by three people who either own restaurants or have had family in the business: Michael Uiberall, Wight Boggs and Sandy Robertson.

They are paying for the shots through their new nonprofit, Serving Memphis.

“We’re trying to target people who are in minimum-wage positions,” said Boggs, an owner of Huey’s restaurants. They’re often young adults, she said, adding, “We’re trying to get them to start thinking about a healthy lifestyle early on.”

The goal is to provide 500 flu shots this year. “Next year, we hope to do 800 shots,” said Uiberall, a partner in the CPA firm Watkins Uiberall.

For more:  http://www.commercialappeal.com/news/2012/nov/21/new-group-aims-to-keep-memphis-restaurant/?CID=happeningnow

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Filed under Health, Labor Issues, Management And Ownership, Risk Management

Hospitality Industry Health Risks: Data Reveals Few U.S. Hotels Have "Carbon Monoxide Alarms" Installed; 30 Incidents Of Elevated CO Levels Has Led To Evacuations And 8 Deaths

“…Few of the roughly 4.9 million rooms in 51,214 lodging properties with at least 15 rooms have (carbon monoxide) alarms…From 2010 through Nov. 8, 2102, there were 30 incidents of fire departments or government officials finding elevated levels of CO at U.S. hotels…in the 30 incidents, more than 1,300 people were evacuated, eight died, and at least 170 were affected by CO, treated by medical personnel or hospitalized…”

Neil Hampson was inside his room at a lodge in Alaska during a salmon fishing vacation three years ago when his carbon monoxide alarm sounded. Hampson, a Seattle doctor and expert on carbon monoxide, went to the basement and found the CO level four times higher. He says he turned off the gas for the water heater, and CO levels throughout the building “dropped precipitously.”

A plumber later found that the water heater was improperly vented, he says, and the lodge owner installed CO alarms in each sleeping room. Guests and staff at the lodge near Alaska’s Kenai River were fortunate Hampson carries an alarm which detects the odorless, colorless poison gas that can cause brain damage or be lethal.

Only a handful of state or municipal laws require them, although more than 1,300 people were evacuated nationally from hotels because of high CO levels in recent years.

CO, often called “the silent killer,” is such a threat that the National Fire Protection Association says CO alarms should be near bedrooms in every home.

For more:  http://www.usatoday.com/story/travel/hotels/2012/11/15/hotels-carbon-monoxide-alarms/1707863/

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Filed under Guest Issues, Health, Injuries, Insurance, Liability, Maintenance, Risk Management

Hospitality Industry Safety Risks: California Hotel Evacuated As "Carbon Monoxide" Gases From Malfunctioning Boiler Force Ventilation Of Building

A carbon monoxide alarm forced hundreds of guests out of their hotel rooms overnight at the Embassy Suites in Burlingame, near San Francisco International Airport. The hotel’s emergency alarms started sounding around 1 a.m. Thursday morning.

Ralph Gallegos said he didn’t think much of it at first.”At first I thought someone had tripped the alarm,” he said. “About 15 minutes later the police department came on and said we had to evacuate the building.”

“I got out of bed thinking it was a prank and started looking around for some hoodlums so I could give ’em some grief,” said Jim Heller. “Then I looked out the window and saw first responders waving their flashlights at us, so I decided to evacuate.”

Between 400 and 500 people could be seen wrapped in blankets and curled up on benches outside the hotel, trying to get some sleep as emergency crews went in to test for carbon monoxide.

Investigators traced the poisonous gas to a malfunctioning boiler. Fire crews opened windows and doors in most of the hotel rooms to ventilate the building.

For more:  http://www.nbcbayarea.com/news/Hotel-Evacuated-for-Carbon-Monoxide-Gas-177864481.html

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