In New York, a controversial scene that happened at Carmine’s Restaurant. It was not about a bottle of red, a bottle white, or a bottle of rose, it was in part as a result of COVID-19 restaurant limitations. As a result, an altercation ensued in which a two month employee was assaulted by customers. It is reported that criminal charges were filed against the individuals who attacked her. The reporting does not indicate whether the hostess sustained any physical injuries. It is reported that she has not returned to work since the incident.
The restaurant spokesperson stated “[t]hree women brutally attacked our hosts without provocation, got arrested and charged for their misconduct, and then, over the last several days, had their lawyer falsely and grossly misrepresent their acts of wanton violence in a cynical attempt to try to excuse the inexcusable,” Carmine’s owner Jeffrey Bank said in a statement, according to WABC.” Foxnews.com
The owner also said “[m]y team members work too hard to serve our guests, work too hard to comply with New York’s vaccination requirements, and still suffer too much from the attack for me to allow these false statements to stand,” Bank said in his statement.” Foxnews.com
Does the Hostess Have a Valid Workers’ Compensation Injury?
From viewing the incident online, it is unclear as to whether the Hostess sustained a physical injury. A physical injury could be a musculoskeletal injury or some form of cut or abrasion. Besides a physical injury, she may have sustained an emotional or stress injury as a result of the incident.
Is Her Short Employment a Workers’ Compensation Issue?
Yes. In California, to file for a stress claim, a worker must have worked for a period of 6 months. The six months is not required to be continuous. There is a sudden and extraordinary employment condition. This is per Labor Code Section 3208(d).
The question is whether the customer altercation would constitute a sudden and extraordinary employment condition. This would be considered a triable issue for which a Workers’ Compensation Judge can make a determination.
Can Evidence Be Important In This Matter?
In this case, the Employer made statements as to the extraordinary nature of the events that occurred. These comments would be useful evidence to prove that the incident was a sudden and extraordinary employment condition. Likewise, the fact that arrests were made of the patrons would be an important fact.
What Would the Hostess Receive If Her Claim Was Accepted?
If the Hostess’ claim was pursued and accepted in California, she would be entitled to treatment, total disability payments, permanent disability payments, and possibly a job displacement voucher. The entitlement to these benefits is dependent on the medical provider’s opinions.
What If I Need Legal Advice?
If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.