This past summer, the city of Joplin, Missouri was devastated by an EF-5 tornado that destroyed over 7,000 homes and killed 162 people.

As residents of the city slowly began to clean up from the disaster, the nightly news began to report on heroic citizens who took brave and decisive action as the tornado struck. One of these citizens was 51-year-old Mark Lindquist, who suffered debilitating injuries while attempting to save the residents of the group home where he worked. However, various news outlets are now reporting that his insurer is denying him workers' compensation benefits.

On the evening of the storm, Lindquist was on his way to work at the group home where three developmentally disabled men lived. Upon his arrival, he and another worker began to take the necessary safety precautions outlined in a tornado drill to help keep the residents safe.

Tragically, the tornado struck the house, killing the three group home residents and sending Lindquist flying for the equivalent of a city block.

When rescuers finally found Lindquist buried under debris, he had suffered a multitude of serious injuries, including broken ribs, a fractured shoulder and severe facial injuries, among others.

He eventually lapsed into a coma for a prolonged period of time and his family members were told he may never be the same.

Miraculously, Lindquist woke from his coma and is currently working toward a near-complete recovery. However, he has since learned that his work comp insurer - whom he was relying upon for coverage because he had no health insurance - had denied his work comp claim.

(The letter from Accident Fund Insurance Company of America stated that his work comp claim was denied "based on the fact that there was no greater risk than the general public at the time you were involved in the Joplin tornado.")

This is significant because Lindquist has already amassed roughly $2.5 million in medical expenses and will continue to require treatment.

Lindquist is currently weighing his legal options and may seek legal relief through the Missouri Division of Workers Compensation. Here, the state agency can facilitate settlement negotiations between him and the insurance company. Another option would be asking an administrative law judge to review his case.

The denial of Lindquist's workers' compensation benefits is generating outrage among state legislators who previously called him "a true hero and inspiration to others."

"I think they need to take another look at the circumstances and revisit the claim," said state Rep. Bill Lant (R-Joplin). "What he did went beyond heroics."

It is worth noting that the Joplin tornado resulted in approximately 138 work comp claims. Of these 132 claims, only eight - including Lindquist's - were denied by insurers.

Stay tuned for further updates from our San Diego workers' compensation firm ...

This post was for informational purposes only and is not to be construed as legal advice.

Source:

USA Today, "'Miracle' tornado survivor denied workers' comp" Oct. 24, 2011