[lbo-talk] Insurer denies workers comp in racial killing

Jordan Hayes jmhayes at j-o-r-d-a-n.com
Thu Dec 4 23:05:34 PST 2008


This is an outrageous story, of course, but one thing bugs me:


>> The opposition by Dollar Tree and its insurers to paying
>> benefits to Talley's son represents an attempt to set new
>> limits on California's workers' compensation system, under
>> which a company provides benefits to employees or their
>> survivors for work-related deaths or injuries regardless
>> of whether the firm was at fault.

And:


>> "It's shocking that Dollar Tree and its insurance carrier
>> are using the alleged racist motivation of a killer as an
>> excuse to get out of paying benefits," Stagliano said.

All the Workers Comp insurance policies that I've had to buy over the years specifically require the company to disclaim any involvement in the claims process: this is purely the insurance company, not the store she worked at doing this. The lawyers do what the lawyers do; the company has only one obligation: pay the premiums.

The real question here is what this Kelly Hamilton "person" sees in the mirror each day after writing a letter like this:

"The doctors testify that Mr. Thompson's motivation in stabbing

Taneka Talley was purely race motivated," attorney Kelly Hamilton

wrote. "As such, it is our belief that our denial in this matter

is proper."

/jordan



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