According to a Workers’ Compensation expert, the recent denial of a claim by McDonald’s insurance carrier is justified upon analysis of the law despite public outcry.

A McDonald’s employee was shot in Little Rock, AR in 2008 after expelling a man from the store who was battering a customer. The man who was expelled returned with a gun and shot the employee who attempted to prevent his re entry into the store.

The “Course And Scope” rule requires the following three elements before a claim can be compensable:

1) The injury must “arise out of” employment.

2) The injury must be in “the course of employment”.

3) The injury must arise out of the “scope of employment”.

In the case at hand, 3) was not met according to the insurance carrier and the claim was denied. This case will likely go to trial.

Upon first glance, the outcome does not seem fair. However, an insurance policy such as Worker’ Compensation is a contract and the contract dictates the terms of coverage based on the language and case law.

See Full Story: Chris Boggs, Market Scout, http://www.mynewmarkets.com/article_view.php?id=99219