HolyCoast: Don't Defend Your Customers Or Your Work Comp Will Be Denied
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Sunday, February 22, 2009

Don't Defend Your Customers Or Your Work Comp Will Be Denied

If you work for McDonald's, don't come to the aid of a customer:
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.

There's no way the insurance company wins this one. An employee injured while on duty is going to be covered...period. If they can't figure that out, a jury will figure it out for them.

When I was in the church insurance business we had a pastor who was called in the middle of the night to go to the hospital where a parishioner had been admitted. The pastor slipped in the shower and was injured. It was paid under Work Comp because the pastor was considered to be on duty when he was hurt.

The bigger problem with this story is it gives the socialized medicine crowd more ammunition for their call for nationalized health care where evil insurance companies can't deny claims like this.

From McDonald's perspective, they need to stomp this out. It makes their company look incredibly dense.

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