Denied Workman's Comp After Being Shot on the Job

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Fivetoes
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Denied Workman's Comp After Being Shot on the Job

Post by Fivetoes »

McDonalds worker saves woman from beating and is shot.
Workmen's comp denies claim
LINK

Editing to add story as link will likely die.
FOX16 News obtained surveillance video of the attack at a McDonald’s on Rodney Parham that left an employee with multiple gunshot wounds. The August 2008 video shows a man wearing a white shirt hitting a woman. Seconds later, an employee runs in to break it up and the attacker is forced outside. Off camera, the employee was shot three times. He walks back inside and then collapses before medical attention arrives.

Six days after the attack, LRPD detectives arrested Perry Kennon, 27, charging him with shooting Nigel Haskett. After three surgeries, $300,000 in medical bills and six months recovery, Haskett filed a workers compensation claim for his injuries.

Claims specialist Misty Thompson with insurance company Ramsey, Krug, Farrell and Lensing responded, denying Haskett's claim.

"We've denied this claim in its entirety, it's our opinion that Mr. Haskett's injuries did not arise out of or within the course of his employment," a portion of the statement reads.

Philip Wilson is Haskett's attorney. He says the defense from McDonald's insurer is baffling.

"Seems like any employer would want a disturbance stopped and that's what this young man was simply trying to do," Wilson says.

Wilson says he is now seeking a hearing before the Workers Compensation Commission.

"Nigel is a very nice young man," Wilson told FOX16 News Thursday. "He says 'yes sir, no sir' and he was just doing what anybody would do in that situation, on or off the job."

Haskett's boss Ray Nosler called him a hero for his actions last August and contributed to a fund setup for his employee. He provided a statement to FOX16 News.

"We are all grateful to Nigel and that's why it is so unfortunate that he's having a difficult time with the insurance claim," Nosler says. "Because the insurance claim is still pending, I’m not able to say more about it, but I hope his claim will come to a quick resolution and the right thing will be done for my employee."

Wilson says the right thing is for McDonald’s insurer to pay the claim.

"Surely we want our young people to step in and break up a fight if something like that were to happen, especially on your own employers premises, I would," Wilson says.

As part of the denial, the insurer included a page that details expectations of employees during orientation. In a robbery situation it tells employees not to do anything that would put themselves or anyone else in danger. Wilson asserts that clause does not apply in this incident.

Wilson says his client has recently returned to work to pay bills. The fund setup for Haskett is still accepting donations at all area Twin City Bank locations.
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Denis
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Re: Denied Workman's Comp After Being Shot on the Job

Post by Denis »

Fivetoes wrote:
Wilson says the right thing is for McDonald’s insurer to pay the claim.
The right thing would be for McDonalds to compensate their employee generously for his trouble without further delay, change their insurers, and sue the pants off the insurers too.
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Netpackrat
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Re: Denied Workman's Comp After Being Shot on the Job

Post by Netpackrat »

Denis wrote:
Fivetoes wrote:
Wilson says the right thing is for McDonald’s insurer to pay the claim.
The right thing would be for McDonalds to compensate their employee generously for his trouble without further delay, change their insurers, and sue the pants off the insurers too.
One thing to keep in mind, is that McDonalds restaurants are franchises. It's my understanding that they are mostly (all?) owned by small businesspeople, who are required by McDonalds to either have previous McD's experience, or attend the "Hamburger University" that is run by the mother corporation, as a condition for being allowed to buy a franchise. Furthermore, franchisees are only allowed to own just so many stores in a limited territory. As a result, the McDonalds' tend to be owned by people who have worked their way up through the system, who made it a career and saved to be able to buy/build their own location. The overwhelming likelihood is that our hero's employer simply doesn't have a disposable $300 grand lying around, and is as much at the insurance company's mercy in this matter as his employee.
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mekender
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Re: Denied Workman's Comp After Being Shot on the Job

Post by mekender »

my mom is a claims adjuster... she told me that these cases are common when there is a huge payout like this... the claim will get settled in litigation for much more than the worker deserves...
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Combat Controller
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Re: Denied Workman's Comp After Being Shot on the Job

Post by Combat Controller »

mekender wrote:my mom is a claims adjuster... she told me that these cases are common when there is a huge payout like this... the claim will get settled in litigation for much more than the worker deserves...
In this case, I think the young man actually does deserve it.

As for the franchise owners, I have a friend who owns three and he has worked his ass off for years, and is not all that flush, what with fees and all that. I can see him being unable to pay 300k for an employee even if he wanted to.
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mekender
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Re: Denied Workman's Comp After Being Shot on the Job

Post by mekender »

CombatController wrote:
mekender wrote:my mom is a claims adjuster... she told me that these cases are common when there is a huge payout like this... the claim will get settled in litigation for much more than the worker deserves...
In this case, I think the young man actually does deserve it.

As for the franchise owners, I have a friend who owns three and he has worked his ass off for years, and is not all that flush, what with fees and all that. I can see him being unable to pay 300k for an employee even if he wanted to.
he might not deserve it... if he ran outside and got involved in a fight that was none of his business, then he is on his own... the second story on this says a lot more...

http://www.fox16.com/news/local/story/U ... 44r0A.cspx
Perry Kennon shot a McDonald's employee who was trying to be a Good Samaritan after a heated argument erupted in the parking lot.
That's because she couldn't. Police closed down the restaurant just after 5:30 Tuesday evening because of a shooting that started with a couple arguing in the parking lot.

"Apparently it's a domestic relationship. They have a child together. Right now were trying to determine a motive and what the argument was about," said Lt. Terry Hastings with Little Rock Police.

A store employee came out to try to break it up. The angry boyfriend didn't like that. "The suspect got a small caliber hand gun from his car, shot him in the chest and the suspect fled."
After being shot he walked back in to ask for help.
If he ran outside to stop an argument in the parking lot, that goes way above his job requirements...

now the store's liability insurer might be on the hook for this, but not workers comp...

OK, just asked my mom... she said it depends on the state, but that a judge might rule that it was covered under a good Samaritan clause... but if the employee took any part in the disagreement, calling names, shoving etc... then they would be a willing participant and be screwed...
“I no longer need to run as a Presidential Candidate for the Socialist Party. The Democrat Party has adopted our platform.” - Norman Thomas, a six time candidate for president for the Socialist Party, 1944
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Steamforger
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Re: Denied Workman's Comp After Being Shot on the Job

Post by Steamforger »

If he ran outside to stop an argument in the parking lot, that goes way above his job requirements...
Having seen something similiar in the past, parking lot is still company property. Also, McDonalds had a reputation for a very long time of getting folks to put up their own money to start the franchise, and then corp would buy them out once they were up and running/established. I'd guess at a decent chance the store could be a corp owned store.

Hell, they only thing I ever go there for anymore is a quick, on the road breakfast. I suspect I'll stop doing even that after hearing about this.
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Netpackrat
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Re: Denied Workman's Comp After Being Shot on the Job

Post by Netpackrat »

Chase wrote:Hell, they only thing I ever go there for anymore is a quick, on the road breakfast. I suspect I'll stop doing even that after hearing about this.
I used to hit their drive through for a milkshake, but it seems like the machine is always broken.
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308Mike
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Re: Denied Workman's Comp After Being Shot on the Job

Post by 308Mike »

If they don't pick it up, I hope that franchise loses money hand-over-fist until they decide to do the right thing - instead of worrying about listening to their quarterly bean counters who put the same value on a hamburger as a human life.

FUCKERS!
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Netpackrat
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Re: Denied Workman's Comp After Being Shot on the Job

Post by Netpackrat »

308Mike wrote:If they don't pick it up, I hope that franchise loses money hand-over-fist until they decide to do the right thing - instead of worrying about listening to their quarterly bean counters who put the same value on a hamburger as a human life.

FUCKERS!
See above, it isn't the McDonalds, the problem is that the workman's compensation insurance company isn't paying up. And in fact, it may (probably will) turn out that they are not legally obligated to, depending on the exact law in that state and what the policy says. And again, even if the McDonalds owner wanted to make his employee whole, he probably doesn't have the financial resources to do so. I'm going to guess if the victim ever gets his medical bills paid for, it will come out of the boss' general liability policy, and that is probably the best outcome (other than the perp being able to make restitution, yeah right).

However, for that to happen, the boss has to be sued by the employee, and even if he wants to pay, or his insurance to pay, he's not going to be able to talk about it until after it has been through litigation.
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