Fridays on Friday: Chew Your Food, Avoid Lengthy Comp Battle

What better way to celebrate that it’s finally Friday than with a comp case involving – you guessed it – TGI Fridays?

Michael Bernard sued the restaurant for benefits after suffering from a ripped esophagus and collapsed lung. He sustained the injuries after choking on a quesadilla, during a food tasting event at the restaurant.

Bernard claimed this should be compensable since it was during work with food provided by TGI Friday’s. He said they wanted employees to be able to recommend the dish.

The court found in favor of TGI Fridays and denied Bernard benefits. The reasoning was that although it occurred in the course of employment, choking on the quesadilla wasn’t an actual risk of employment.

It also referred to the food in question as “a piece of quesadilla that was too big for his esophagus,” which is the most legalistic way I’ve ever heard someone get the ‘chew your food’ lecture.

I can almost guarantee Bernard didn’t recommend the quesadilla to any of his tables. Might be a good idea to stick with the soup from here on out.

Source: Insurance Journal

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