http://snafu-ed.blogspot.com/2009/02/mcdonalds-denies-workers-comp-to-heroic.htmlI hope that, as is usual with these types of cases, once publicity gets out, McDonald's will back down. McDonald's has denied workers compensation benefits to an employee who was shot when he ejected a customer who had been beating a woman inside the restaurant. Why, you might ask? Well ...
A surveillance video of the incident, which had been posted to YouTube, was taken down after McDonald's charged copyright infringement (AKA, they wanted it pulled because of bad PR). However, TV station KARK has posted video that is not subject to copyright infringement. It's obvious from the video that Nigel Haskett, then aged 21, was a hero.
Nigel Haskett was working at a McDonald's in Little Rock, Arkansas last summer when he saw a patron, later identified as Perry Kennon, hitting a woman in the face. Haskett tackled Kennon, threw him out, and then after returning to the store, collapsed. Police say he was shot multiple times.
As a result of that act of heroism, Haskett has had multiple operations, and faces a $300,000 medical bill.
Sgt. Cassandra Davis of the Little Rock PD said:
He was an employee of the McDonald's; he was at work. He wasn't involved in the physical or verbal altercation initially. He did come to the aid of the female that was involved in the disturbance.
Sounds like a Good Samaritan Act, which according to this post, and the examples herein, if they provide Good Will Benefit toward the employer, and are thus "free advertising," are covered, even if the person is on a lunch break.
Of course, McDonald's actions now are probably not earning it good will with most people.
Misty Thompson, a rep of the administrator for McDonald's workers compensation plan said:
"... we have denied this claim in its entirety as it is our opinion that Mr. Haskett's injuries did not arise out of or within the course and scope of his employment."
Haskett’s attorney Philip Wilson said:
"They (worker's comp) do everything they can not to pay a client. That's what we have here. They just try to get out of paying any way they can."
