To comment on this I had to put myself in both situations. I would have done things very differently than TGIF Corporation. I also agree with the Judge’s decision. As for TGIF, if I had the ability to, I would have offered to pay the medical bills even though the company was not responsible and would have had the employee sign papers stating that. It would have been out of charity not obligation.
Secondly, the employee should have the common sense to chew his food before he inhales it and nearly kills himself. The judge is correct, WK comp and the company are not responsible for his inability to eat properly, however I think a little compassion from the company would have keep this out of the papers.
You are right; I would still have done it. I am sure that my legal team would have protested until I had him sign a waiver saying that it was charity and not an admission of guilt, but I would take care of my employees even if they do something that puts them in the national spotlight for lack of common sense.
Other,
It is one thing when you own a single restaurant and do as you suggest. But when you are the CEO of a major franchise like TGIF, being compassionate as you suggest could open a Pandora’s box.
The Federal Rules of evidence bar evidence that a defendant paid or offered to pay for the plaintiff’s medical bills for this very reason. Thus, such evidence is unlikely to ever be admitted at trial, but, if it were, it could not be used to prove liability.
I wasn’t referring to a liability issue, but more to a consistency issue. “You paid for his medical issue, why aren’t you paying for mine?’ That could translate into court cases and money spent needlessly to defend certain actions.
Cheetoh, I understand. I clicked the “Reply” button under JL’s comment above, intending to respond to that comment about how paying for medical bills could be an admission of guilt. I think that’s why my comment is not indented under yours, but rather in line with the other indented replies to JL’s comment.
August 2, 2012 at 1:42 pm
Cheetoh Mulligan says:
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All I can say is Thank God he didn’t have the spare ribs!
I am not a WC underwriter, so I am speaking from inexperience…but how would this be different from the employee tripping and falling while at work? Would he have to prove he tripped on a work hazard as opposed to his own clumsiness in order to collect on his workers comp? Maybe it is the State I am from (Oregon)and different laws, but I was under impression that WC covered you while you were at work for any accident that occurs in the course of your work. If he was on the clock, and sampling food was part of his job, I don’t understand why this wouldn’t be covered.
Yes, he was on the clock, but sampling of food wasn’t a required part of his job. TGIF made the tastings voluntary. His responsibility was to recommend food to patrons.
A good waiter would sample the food to give accurate recommendations, but the decision to try the quesadilla was purely voluntary, which worked against him.
Agreed! I’ve seen claims covered where people slip and fall in the parking lot before they technically clock in. And I’m sorry, but maybe he wan’t REQUIRED to taste the food, but he was encouraged to do so. If the lady in australia can get her comp claim covered for having vigorous sex in her hotel room and subsequently being injured while attending a conference for work, this guy should be covered!
Sooo, I work at TGIF and a customer asks how are the nachos: Don’t know, they look good, but if I eat one and choke on it I can’t pay for the emergency room visit. But you should try them.
maybe the GL carrier will pay for a 3rd party over claim.
I personally don’t agree with this decision. It happened at work during working hours. Sure the sampling was voluntary; but if he volunteered for another task and was injured the policy in my opinion the policy would have paid. How many times have we seen a WC policy pay for injuries sustained for company picnics where playing softball was voluntary. Just my two cent opinion.
You actually make it appear really easy along with your presentation but I to find this topic to be actually something which I feel I’d never understand. It seems too complex and extremely large for me. I am having a look ahead on your next post, I will try to get the hold of it!
To comment on this I had to put myself in both situations. I would have done things very differently than TGIF Corporation. I also agree with the Judge’s decision. As for TGIF, if I had the ability to, I would have offered to pay the medical bills even though the company was not responsible and would have had the employee sign papers stating that. It would have been out of charity not obligation.
Secondly, the employee should have the common sense to chew his food before he inhales it and nearly kills himself. The judge is correct, WK comp and the company are not responsible for his inability to eat properly, however I think a little compassion from the company would have keep this out of the papers.
Paying for the medical costs could be seen as admission of guilt
You are right; I would still have done it. I am sure that my legal team would have protested until I had him sign a waiver saying that it was charity and not an admission of guilt, but I would take care of my employees even if they do something that puts them in the national spotlight for lack of common sense.
Other,
It is one thing when you own a single restaurant and do as you suggest. But when you are the CEO of a major franchise like TGIF, being compassionate as you suggest could open a Pandora’s box.
The Federal Rules of evidence bar evidence that a defendant paid or offered to pay for the plaintiff’s medical bills for this very reason. Thus, such evidence is unlikely to ever be admitted at trial, but, if it were, it could not be used to prove liability.
I wasn’t referring to a liability issue, but more to a consistency issue. “You paid for his medical issue, why aren’t you paying for mine?’ That could translate into court cases and money spent needlessly to defend certain actions.
Cheetoh, I understand. I clicked the “Reply” button under JL’s comment above, intending to respond to that comment about how paying for medical bills could be an admission of guilt. I think that’s why my comment is not indented under yours, but rather in line with the other indented replies to JL’s comment.
All I can say is Thank God he didn’t have the spare ribs!
I am not a WC underwriter, so I am speaking from inexperience…but how would this be different from the employee tripping and falling while at work? Would he have to prove he tripped on a work hazard as opposed to his own clumsiness in order to collect on his workers comp? Maybe it is the State I am from (Oregon)and different laws, but I was under impression that WC covered you while you were at work for any accident that occurs in the course of your work. If he was on the clock, and sampling food was part of his job, I don’t understand why this wouldn’t be covered.
Yes, he was on the clock, but sampling of food wasn’t a required part of his job. TGIF made the tastings voluntary. His responsibility was to recommend food to patrons.
A good waiter would sample the food to give accurate recommendations, but the decision to try the quesadilla was purely voluntary, which worked against him.
Agreed! I’ve seen claims covered where people slip and fall in the parking lot before they technically clock in. And I’m sorry, but maybe he wan’t REQUIRED to taste the food, but he was encouraged to do so. If the lady in australia can get her comp claim covered for having vigorous sex in her hotel room and subsequently being injured while attending a conference for work, this guy should be covered!
How big of a bite do you have to take to perforate your esophagus and collapse your lung….quesadillas are a pretty soft food.
Thank would be the million dollar question.
Knock it off napoloen and make yourself a dang quesa dilla.!
As the old saying goes, don’t bite off more than you can chew!
Sooo, I work at TGIF and a customer asks how are the nachos: Don’t know, they look good, but if I eat one and choke on it I can’t pay for the emergency room visit. But you should try them.
maybe the GL carrier will pay for a 3rd party over claim.
Imagine the lack of response they’ll have from now on with their ‘ encouraged but not mandatory’ food tastings…
Sure wouldn’t get me in for one….
I personally don’t agree with this decision. It happened at work during working hours. Sure the sampling was voluntary; but if he volunteered for another task and was injured the policy in my opinion the policy would have paid. How many times have we seen a WC policy pay for injuries sustained for company picnics where playing softball was voluntary. Just my two cent opinion.
You actually make it appear really easy along with your presentation but I to find this topic to be actually something which I feel I’d never understand. It seems too complex and extremely large for me. I am having a look ahead on your next post, I will try to get the hold of it!