In 2010, Bernard worked as a host and waiter at a TGI Friday’s (TGIF) restaurant. When new food selections came out, he and other employees often sampled the food so they could make recommendations to customers. The commission found Bernard “was not required to taste anything” and “did not anticipate being disciplined” if he chose not to sample the food. Bernard v. Carlson Cos.—TGIF, 2011 Va. Wrk. Comp. Lexis 401 (Nov. 23, 2011). In January 2010, Bernard sampled a quesadilla. Though he had never before had problems swallowing food, Bernard choked on a partially chewed bite of the quesadilla. The strenuous process of dislodging it damaged his esophagus.
Bernard filed a worker’s compensation claim, contending the injury occurred in the course of his employment and arose out of an actual risk of his employment. He did not allege the quesadilla was unusual or defective in any way. Bernard has had Crohn’s disease since childhood. But he did not claim, nor did the evidence prove, that some peculiar quality of the quesadilla triggered his underlying Crohn’s disease.
Based on the above scenario, should the The Virginia Workers’ Compensation Commission pay the claim filed by Michael Bernard ? Discuss
Also make a comment of these 2 posts
1- I think The Virginia Workers’ Compensation Commission would pay the claim filed by Michael Bernard because although tasting the food is not part of Michael’s job description, the choking still posed a hazard to his health. Since he was technically working his assigned hours and it posed a risk to his job. Even though the quesadilla was perfectly normal and did not trigger his underlying Crohn’s Disease. I could see an argument made for the VWCC to not pay the claim, but in my opinion they would.
2- For this event Michael Bernard was a waiter at a TGI Friday restaurant and choked on partially chewed bite of the quesadilla. This unfortunately caused the worker to suffer damage to his esophagus and he ended up filling a workers compensation claim. I feel that Benard should get paid for the workers compensation claim. Before the meal was served the waiter was given the opportunity to taste the food. He was not forced to taste the food; He eat the food on his own will. The quesadilla was not defective in any way, and he had no allergies.
While Bernard had Crohn’s disease since childhood, there is no evidence that the accident cause issues with his Crohn’s disease. This accident was caused by the careless of the employee. I still feel even though they employee was being careless it was still and unfortunate accident that took place while he was working. This caused a risk to other workers and customers on the site. I would think that this still warrants some kind of workers compensation to the employee. While I can also see why there would be no workers compensation to the employee. Since the worker was being careless and there is no medical reason on why the employee would have choked on the food. I still feel that in the end it would be likely that the TGIF worker would get com
and Please watch the video clip below: Do you agree with the premise that accidents are caused by “Carelessness” of people? Could we eliminate workplace accidents if people were more careful at work? In your opinion what are the main causes of accidents in the workplace?
Elitewriterhelp.com is an online academic writing site that provides a variety of services to students and professionals in need of essay, dissertation, and research paper assistance. This website was founded by experienced writers and editors who understand the needs of today’s student community. With their help, students can get a well-written paper without having to worry about the quality or accuracy of their content.
Elitewriterhelp.com offers a wide range of services that are designed to meet the needs of any student or professional looking for some extra help with their academic work. From simple editing services to complete custom writing pieces, they have something for everyone! Their team consists of highly qualified writers and editors who have years of experience in both academia and industry sectors across all fields such as English literature, nursing sciences, medical science, engineering design & technology, accounting & finance etc., making them one of the best providers around when it comes to providing quality content writing services.
When it comes to their custom writing service, Elitewriterhelp.com provides everything from essays & dissertations to research papers & lab reports; all written according to your exact specifications & requirements so that you can be sure your professor will be impressed with what you submit! They also provide formatting help which includes APA/MLA/Chicago style formatting for those stuck on tedious details like citations or bibliography entries; perfect for those last-minute assignments!
For those looking for proofreading & editing services instead; Elitewriterhelp.com has you covered too! The team at this website offer professional copyediting which can check grammar errors and spellings mistakes while still preserving your original voice within the text; ensuring that whatever piece you submit looks great while still sounding exactly how you want it do sound! What’s more is if required they can also provide advice on how best to improve certain parts in order make sure your work meets the criteria set by your professors so no marks are lost due to minor mistakes made in hurry or ignorance.
Last but not least is Elitewriterhelp’s paraphrasing service which helps take care off any plagiarism risks associated with submission an assignment where quotes are used extensively taken from sources outside class materials (eBooks etc.). The team will ensure that anything being submitted sounds fresh while leaving out any potential legal issues plaguing people using other authors works without proper permission given first when appropriate credit isn’t given otherwise – definitely something worth investing into before submitting examples cited within studies found elsewhere apart from class material sources only mentioned once during seminars etc..
To sum up: Elitewriterhelp offers students access top-notch custom writing pieces as well as editing/proofreading packages for existing ones already written – perfect for double checking against silly grammatical errors / typos overlooked during initial composition stages meaning there’s always hope even when running short on time ahead up coming deadlines looming near after long lectures spent inside classrooms sat away from laptops used mainly taking notes by hand easily misplaceable later down line afterwards rendering past efforts worthless sadly…
Why Work with Us
Top Quality and Well-Researched Papers
We always make sure that writers follow all your instructions precisely. You can choose your academic level: high school, college/university or professional, and we will assign a writer who has a respective degree.
Professional and Experienced Academic Writers
We have a team of professional writers with experience in academic and business writing. Many are native speakers and able to perform any task for which you need help.
Free Unlimited Revisions
If you think we missed something, send your order for a free revision. You have 10 days to submit the order for review after you have received the final document. You can do this yourself after logging into your personal account or by contacting our support.
Prompt Delivery and 100% Money-Back-Guarantee
All papers are always delivered on time. In case we need more time to master your paper, we may contact you regarding the deadline extension. In case you cannot provide us with more time, a 100% refund is guaranteed.
Original & Confidential
We use several writing tools checks to ensure that all documents you receive are free from plagiarism. Our editors carefully review all quotations in the text. We also promise maximum confidentiality in all of our services.
24/7 Customer Support
Our support agents are available 24 hours a day 7 days a week and committed to providing you with the best customer experience. Get in touch whenever you need any assistance.
Try it now!
How it works?
Follow these simple steps to get your paper done
Place your order
Fill in the order form and provide all details of your assignment.
Proceed with the payment
Choose the payment system that suits you most.
Receive the final file
Once your paper is ready, we will email it to you.
No need to work on your paper at night. Sleep tight, we will cover your back. We offer all kinds of writing services.
No matter what kind of academic paper you need and how urgent you need it, you are welcome to choose your academic level and the type of your paper at an affordable price. We take care of all your paper needs and give a 24/7 customer care support system.
Admission Essays & Business Writing Help
An admission essay is an essay or other written statement by a candidate, often a potential student enrolling in a college, university, or graduate school. You can be rest assurred that through our service we will write the best admission essay for you.
Our academic writers and editors make the necessary changes to your paper so that it is polished. We also format your document by correctly quoting the sources and creating reference lists in the formats APA, Harvard, MLA, Chicago / Turabian.
If you think your paper could be improved, you can request a review. In this case, your paper will be checked by the writer or assigned to an editor. You can use this option as many times as you see fit. This is free because we want you to be completely satisfied with the service offered.