Firm denies workers' comp in racial killing

[amdezurik]

Source: San Francisco Chronicle

(12-02) 21:02 PST -- Taneka Talley was stabbed to death in March 2006 while she was working as a clerk at a Dollar Tree store in Fairfield. Her killer's only motive, prosecutors say, is that she was African American.

The boy's grandmother, the child's legal guardian, said Specialty Risk Services is taking the position that a racially motivated killing is personal, not work-related - even though the man charged with killing Talley had never met her before. The insurance company, Dollar Tree and their lawyers aren't talking publicly about the case but are defending their position before a state appeals board that hears workers' compensation disputes.

"I think it's unfair. It's discrimination," said Carol Frazier of Vallejo, who gained custody of her grandson, Larry Olden, after her daughter's death and is challenging the insurer's refusal to pay in a case that eventually could go to court.

"They're saying (the killing) didn't arise out of her employment, except that in this case she wouldn't have been killed if she hadn't been at work," said Frazier's attorney, Moira Stagliano. "This person didn't know her, just walked into the store and picked her out."



Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/12/02/MN1514DSB4.DTL&tsp=1

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just another way to devalue and dismiss workers. Business in Ca got a big break and effectivly now never has to pay for injuries at work (from AHHHH-NULD BTW) since they now claim that every injury is caused by the worker and courts are directed to buy that BS. Now this.

[noonwitch]

1. The insurer should have to pay up.

It isn't a personal attack if the killer didn't know her. She wouldn't have been killed by him if she hadn't been working at that store at the time he came in.


Dollar Tree needs to find a better insurer. I know that they are making money, the stores near me are always busy, especially at Christmas time.

[Igel]

7. So had she been off duty and shopping there, she'd have been safe? n/t

[ben_meyers]

2. Dollar Tree should have known full well

that by hiring a black person they were inviting a racially motivated attack and of course they should be held liable for damages.

These large corporations need to be held accountable for their actions.

[JonQ]

3. Well by hiring minorities

they did establish a situation where these sorts of crimes are inevitable. They should have known better and assigned security guards to all employees who may possibly have been victims of a hate crime. Of course then they'd need to identify each by his or her race, religion, sexual orientation, nationality, etc.

[Rebubula]

4. Oh dear god...

...please tell me that you are joking...

Is there some sarcasm\inside joke that I am missing?? Or are you really saying that all minorities are the inevitable victim of a hate crime?

[JonQ]

6. Yeah, it was sarcastic

making a somewhat dark joke at the expense of the whole Walmart fiasco.

[Behind the Aegis]

5. I hope the ACLU gets involved!

This is bullshit!