Last week, our blog reported on how a 51-year-old man who suffered serious injuries while taking heroic actions during an EF-5 tornado that touched down in the city of Joplin, Missouri this past summer - destroying over 7,000 homes and killing 162 people - was denied workers' compensation benefits.

Specifically, Mark Lindquist suffered a multitude of serious injuries and lapsed into a prolonged coma after the massive tornado struck the group home where he was working to help keep three developmentally disabled men safe.

Lindquist eventually woke from his coma and is currently working toward a near-complete recovery. However, he 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.

In recent developments, it appears that the insurer has officially reversed its position and will now provide the necessary work comp benefits.

Last Monday, Accident Fund Insurance Company of America Mike Britt released the following statement:

"Upon further review of the case, and receiving additional information on the facts involved in this situation, Accident Fund believes the appropriate decision is to honor Mr. Mark Lindquist's claim for worker's compensation benefits," he said. "We are committed to working with Mr. Lindquist to ensure he receives all the benefits to which he is entitled and helping him to recover from his injuries."

According to Britt, the initial decision to deny Lindquist's work comp claim was due largely to Missouri law, which "limit[s] recovery for injuries received during a tornado to situations where the employee was not subjected to a greater harm than that of the general public."

He went on to add that careful review after the initial denial led the company's adjusters to conclude that payment of the work comp claim was necessary and appropriate.

While Lindquist and his family were understandably considering their legal options, they were nonetheless elated with the development.

"What it's going to mean for Mark is long-term help and medical care for him," said Linda Lindquist Baldwin, his sister. "My only concern is that Mark's cared for. He's younger than I am and will probably outlive me, and I want to make sure he is cared for his entire life."

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:

Claims Journal, "Workers' Comp Insurer Agrees to Pay Joplin Injury Claim" Oct. 26, 2011