______________________________________________________
Tag Archives: Workers Compensation
Hospitality Industry Insurance Solutions: “Hospitality Workers’ Compensation Fundamentals” By Brad Durbin Of Petra Risk Solutions
Comments Off on Hospitality Industry Insurance Solutions: “Hospitality Workers’ Compensation Fundamentals” By Brad Durbin Of Petra Risk Solutions
Filed under Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training
Hospitality Industry Insurance Update: California Restaurant Employee Injured By Co-Worker’s Prank Entitled To Workers’ Compensation Only; Court Dismisses Lawsuit Against Employer
 “…The waiter received workers’ compensation benefits and sued his employer…The court explained that even if the exception extended to an 
assault by a “managing representative” the waiter did not show that the lead cook was a managing representative. The lead cook did not exercise general discretionary power of direction and control over the restaurant business or even the kitchen. At most, she made decisions regarding the kitchen work in the evenings…The California Court of Appeal dismissed the suit, finding that workers’ compensation held his exclusive remedy…”
A pizza cook at a restaurant heated a pan before placing a pizza on the pan for a waiter to bring to a customer. Because the pizza pans were generally kept cool, the waiter picked up the pan with his bare hand. When he did so, he screamed and dropped the pan. He suffered serious and permanent burn injuries.
The waiter acknowledged that before his burn injury there was substantial horseplay among the restaurant employees. The employees routinely engaged in practical jokes. He claimed that after he burned his hand he saw the lead cook and other employees laughing.
The court rejected the waiter’s argument that exceptions to the exclusivity provision applied. He did not show that the employer committed a physical assault or had any involvement or knowledge of the incident or that the lead cook or pizza cook acted on the employer’s behalf.
The waiter also did not show that the employer or any managers were aware that the lead cook had any responsibility for his burn injuries or that she was involved in an assault toward him. A restaurant manager questioned employees about the incident but only learned that the pizza cook was responsible for placing the hot pan.
For more:Â http://www.riskandinsurance.com/story.jsp?storyId=533354776
Comments Off on Hospitality Industry Insurance Update: California Restaurant Employee Injured By Co-Worker’s Prank Entitled To Workers’ Compensation Only; Court Dismisses Lawsuit Against Employer
Filed under Claims, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management
Hospitality Industry Safety Issues: Private-Sector Workplace Injuries Fall 30% From 2003-2011; Workers’ Compensation Claims And Premiums Decline As Safety Progams Pay Off
“…For private-sector employers, the number of injuries involving missed work days, job restrictions or transfers to different chores dropped to 1.8 per 100 full-time workers in 2011 from 2.6 in 2003…safety experts say OSHA crackdowns and more corporate focus on 
reducing hazards helped cut the injury rate. Also, legislation in many states has made it harder to qualify for workers’ compensation, which has reduced the number of claims…a benefit of the decline is that the average cost of workers’ compensation per $100 of payroll fell to $1.79 last year from $2.67 in 1994…”
About 100 federal and state court cases involving retaliation for workers’ compensation claims were decided last year, roughly double the number a decade before, estimates Lex Larson, president of Employment Law Research Inc. Some lawyers attribute the increase to growing awareness among workers that they can seek redress in court.
While employers say the decline in injuries shows that safety programs are paying off, unions and plaintiffs’ lawyers counter that companies sometimes discourage workers from speaking up.
The U.S. Occupational Safety and Health Administration is taking a tougher line with employers and says too many injuries go unreported. The agency last year reminded employers that federal law bars them from retaliating against employees for reporting injuries. It also warned employers against offering bonuses or prizes for meeting safety goals if those incentives deter workers from reporting injuries.
For more:Â http://online.wsj.com/article/SB10001424127887323664204578610133657300940.html
Comments Off on Hospitality Industry Safety Issues: Private-Sector Workplace Injuries Fall 30% From 2003-2011; Workers’ Compensation Claims And Premiums Decline As Safety Progams Pay Off
Filed under Claims, Health, Injuries, Insurance, Labor Issues, Management And Ownership, Risk Management
Hospitality Industry Insurance Risks: California Restaurant Owners Charged With “Felony Worker’s Compensation Fraud” For Failing To Insure Twelve Employees; Fines Totalling $18,000
“…an anonymous complaint (alleged) that the restaurant did not have workers’ comp insurance as required by law…following a visit to the restaurant, a civil citation (was issued) with penalties totaling $18,000 for failing 
to insure their 12 employees…businesses not carrying valid workers’ compensation coverage are considered uninsured and face a “Stop Notice and Penalty Assessment†from the Labor Commissioner and fines of $1,500 per employee, up to $100,000. If an injury occurs, the fine increases to $10,000 per employee. A worker injured while working for an uninsured employer can sue for damages and the employer is presumed negligent in such cases…”
The owners of a restaurant in San Marcos, Calif. have been charged with felony counts of workers’ compensation fraud and forgery following a referral by the California Labor Commissioner Julie A. Su’s criminal investigation unit to the San Diego District Attorney’s Office.
The district attorney’s charges, filed in San Diego Superior Court on Jan. 29, allege that Rhythm City Grill owners John Fletcher Johnson and Annette Lucille Thomas each committed two felony counts of forgery of a workers comp insurance policy and a misdemeanor charge of conducting business without workers’ compe insurance. Johnson was also charged with an additional felony for submitting a false document to a government agency. He and Thomas were arraigned Feb. 14.
If convicted, Johnson and Thomas face up to 16 years in prison for the felony charges. The failure to secure workers’ comp insurance carries a misdemeanor charge of 1 year and a fine.
For more: http://www.insurancejournal.com/news/west/2013/02/19/281769.htm
Comments Off on Hospitality Industry Insurance Risks: California Restaurant Owners Charged With “Felony Worker’s Compensation Fraud” For Failing To Insure Twelve Employees; Fines Totalling $18,000
Filed under Crime, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management
