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| | Good Samaritan Claim Denied
By Robert Warne - March 18, 2003A Visalia charter bus driver recently woke up from a month long coma to find that his workers’ compensation claim had been denied.
The 52-year-old Paul Lytton, was driving a busload of passengers home from the Palace Indian Gaming Center Feb. 14 when he came upon a solo car accident in the middle of the road. He stopped the bus, and got out to assist the passenger and was struck by another car and thrown 122 feet.
Following the accident, Classic Charters, Lytton’s employer filed a claim with its work comp carrier Republic Indemnity Company of America in San Francisco.
An investigation into the claim ensued. Based on Classic Charter’s company policy manual and a CHP report the claim was denied.
The denial letter from Senior Examiner Joseph Shannis read, "Your claim is denied because your injury resulted from a violation of the company safety policy and a violation of [the] vehicle code ... placing yourself in a position of jeopardy, and therefore, did not arise out of your employment," according to the Visalia Times-Delta.
Lytton nearly died in the accident. But now that he’s been victorious in his battle for life, his next battle will be before the Workers’ Compensation Appeals Board, to get his claim paid and his medical bills covered.
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