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McDonald's shooting victim wants workers compensation

Reported by: David Goins
Email: dgoins@fox16.com
Last Update: 2/23/2009 4:13 pm
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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 broker 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.

Ramsey, Krug, Farrell and Lensing is acting as a third party administrator in this claim.  Allen McClain with the Workers Compensation Commisssion says McDonald's uses a self-insured trust for workers compensation premiums that multiple franchisees pay into, including the location on Rodney Parham.

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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