Tag Archives: Benefits

Hospitality Industry Workers' Compensation Insurance Risks: Tennessee Supreme Court Awards Restaurant Manager Benefits At "Six Times His Medical Impairment" From Electrocution Injuries

“…The Tennessee Supreme Court held that a manager was entitled to benefits at the statutory maximum of six times his medical impairment…the manager was denied a meaningful return to work when he was terminated in retaliation for filing his claim. The manager’s age, education, training, work experience, and limitations warranted the six-times multiplier…”

A co-manager for a fast food restaurant was repairing a heating element used to keep food warm. Someone plugged the heating element into an electrical outlet. An electrical shock caused the manager to lose consciousness. He suffered from burns on his hands, chest pains, headaches, and memory loss. He repeatedly asked his supervisor to pay his medical expenses and authorize medical care for his symptoms. The district manager said he would “take care of it,” but the bills remained unpaid. The manager filed a workers’ compensation claim, and the restaurant was fined for failing to timely report the incident. Days after the claim was filed, his supervisor “vulgarly expressed his anger” about the claim. Within weeks, the manager, who had never received a reprimand, received two reprimands and was later terminated.

A neurologist diagnosed the manager with a migraine condition and epilepsy and opined that the conditions were caused by the electrical shock. The neurologist found that he reached maximum medical improvement with a 10 percent impairment to the body as a whole. A vocational expert opined that the manager suffered a 65 percent vocational disability based on his age, limitations, work history, and the local labor market. The manager was unable to find gainful employment other than occasional “odd jobs.” The Tennessee Supreme Court held that he was entitled to benefits at the statutory maximum of six times his medical impairment.

The court rejected the restaurant’s argument that the maximum multiplier possible was meant to punish it for mishandling the claim rather than an assessment of disability.

For more:  http://www.riskandinsurance.com/story.jsp?storyId=533352818

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Filed under Claims, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Insurance Issues: Santa Cruz Hotel Owners Negotiate Successful Contract With Union Employees Saving Substantial Benefits And Expenses

 In negotiating the new contract the owners and operator initially hoped to slash more than $500,000 from their operating costs; the union, meanwhile, sought to guard employees’ insurance, eight-hour workday and paid vacation.

“It was very, very challenging because the owners were spending more than a million dollars a year in benefits,” says Jane Howard, Chief People Officer for Joie de Vivre Hospitality. “We needed to work together to get the cost of that down some, and we were able to do that.” The hotel ultimately accepted an insurance plan proposed by the labor union that is expected to save it $130,000 annually.

The owners and operators of Santa Cruz’s Dream Inn can rest easy now that the unionized employees at the hotel have finally ratified a contract following nearly a year of negotiations and union demonstrations. The employees, represented by UNITE HERE Local 483, voted to accept a new four-year contract last Tuesday, Nov. 30. 

The Dream Inn is jointly owned by the Southern California real estate developer Ensemble Investments and AEW Capital Management and operated by Joie de Vivre Hospitality, which manages a number of other properties around the state.

The final agreement, which will allow employees to keep their insurance and eight-hour work day but not their paid vacation time, was reached in arbitration with an outside mediator that took place at the hotel on Nov. 23. A week later, the employees voted with a 91 percent majority to accept the contract; had they failed to ratify, the union would have moved to strike.

“I think we made some progress,” Michael Roberts, a bartender at the Dream Inn’s Aquarius restaurant, said. “We definitely got a reasonable contract, but for me, a lot of it came down to the fact that I didn’t feel like the membership would have supported a strike if it came down to that. They were willing to do certain actions, but I don’t think a strike would have been supported.”

The new contract covers 85 workers at the hotel, who, under its terms, will keep a generous benefits package that includes health, dental, vision and life insurance—all free—for the employee’s entire family. “It was very, very challenging because the owners were spending more than a million dollars a year in benefits,” says Jane Howard, Chief People Officer for Joie de Vivre Hospitality. “We needed to work together to get the cost of that down some, and we were able to do that.” The hotel ultimately accepted an insurance plan proposed by the labor union that is expected to save it $130,000 annually.

The insurance policy was ultimately the most important factor for Roberts, although he sympathized with longtime employees who, under the new contract, will lose paid vacation time accrued over many years of service. “I’ve only worked there for three and a half years, but we have employees who have worked there for almost 20 years who are taking hits for vacation—like losing a week or more days—so it was a very big deal for them.”

“That was painful for us, we really didn’t want to have to move on vacation,” says Lizzie Keegan, a representative for UNITE HERE who was present throughout negotiations. “There were some things that obviously stung a little bit, but overall we ratified with over that 90 percent because everybody feels that, in this economic recession, we will have to [make some concessions] and it will be hard, but we’re really proud that we have really good insurance and it covers us and covers our families.”

For more:  http://news.santacruz.com/2010/12/07/dream_inn_hotel_workers_keep_bennies

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

Hotel Industry Employee Risk Management: Employee’s Use Of Stairs In Multi-Story Hotels Subject Them To “Significantly Greater Risk Of Injury” And Result In Higher Workers’ Compensation Benefits

“Because the employees’ periodic breaks were mandatory, Phillips was required to use the staircase six times during each shift. In fact, in its opening brief, Rio calculated that during the course of Phillips’ 17-year employment, she traversed the stairs approximately 25,000 times,’
 
“…the court concluded that the frequency with which Phillips was required to use the stairs subjected her to a significantly greater risk of injury than the risk faced by the general public. Consequently, Phillips should be awarded benefits, the high court wrote…”
 

The Nevada Supreme Court has ruled that although employers are not “absolutely liable” when employees are injured “on the job,” companies should apply the “increased risk test” to determine whether they are entitled to workers’ compensation benefits.

The justices explained the increased risk test in Rio All Suite Hotel & Casino v. Phillips. According to court documents, Kathryn Phillips was a poker and blackjack dealer at the Rio All Suite Hotel & Casino in Las Vegas. While taking her mandatory 20-minute break during her usual eight-hour shift, she walked down the stairs to the employee break room, slipped, and fractured her ankle.

Her treating physician determined her injury was work related, and Phillips had surgery to repair her ankle. But Rio’s third-party administrator, Sedgwick CMS, denied her claim saying Phillips did not prove the injury arose out of her employment.

“The types of risks that an employee may encounter during employment are categorized as “those that are solely employment related, those that are purely personal, and those that are neutral,” the high court said.

 

 

 

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Filed under Claims, Injuries, Insurance, Labor Issues, Liability, Risk Management