Disability Law

McDonald's Insurer Isn't Lovin' It

By David A. McCranie, Esq.

You might have seen this recent report about the McDonald's employee in Arkansas who came to the rescue of a customer as she was being assaulted in the dining area of the restaurant.  The assailant shot this Good Samaritan for his efforts, resulting in medical treatment costing over $300,000.  Despite his injuries, he managed to thwart the attack, and the police later arrested the assailant.  He's been hailed as a hero by his employer and by local police.

But the workers' compensation insurance carrier - unnamed in the report - is refusing to accept the compensability of the accident under Arkansas law.  They say that because McDonald's did not require him to come to the aid of the customer, his accident was not one "arising out of" or occurring "in the course of" his employment.  If it hasn't already, this one is sure to end up in court.

Would this accident be compensable if it occurred in Florida?  Probably.  In D.L. Cullifer & Son, Inc. v. Martinez, 572 So.2d 1360 (Fla. 1990), the Florida Supreme Court held compensable the injuries to two fruit pickers who were injured while coming to the aid of a motorist whose vehicle had become disabled on a nearby highway.  And to underscore its intent, the 1990 Florida Legislature enacted §440.092(3), which says:

(3) DEVIATION FROM EMPLOYMENT.--An employee who is injured while deviating from the course of employment, including leaving the employer's premises, is not eligible for benefits unless such deviation is expressly approved by the employer, or unless such deviation or act is in response to an emergency and designed to save life or property (emphasis added).

Full post as published by Florida Workers’ Compensation Law Blog on February 26, 2009 (boomark / email).