Witchy Woman

"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. That’s also the reason the store’s workers’ compensation insurer is denying $250,000 in death benefits to Talley’s 11-year-old son.

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.

The opposition by Dollar Tree and its insurers to paying benefits to Talley’s son represents an attempt to set new limits on California’s workers’ compensation system, under which a company provides benefits to employees or their survivors for work-related deaths or injuries regardless of whether the firm was at fault.
“The doctors testify that Mr. Thompson’s motivation in stabbing Taneka Talley was purely race motivated,” attorney Kelly Hamilton wrote. “As such, it is our belief that our denial in this matter is proper.”

The compensation law doesn’t consider an on-the-job injury to be work-related if the
motives were entirely personal - for example, if an estranged lover or spouse comes to the workplace and attacks an employee because of a private grudge.

“Taneka Talley was at work, doing her job, when she was killed,” the lawyer said. “If she had not been in that store, she would not have been available to (the killer), and she would still be alive.

“It’s shocking that Dollar Tree and its insurance carrier are using the alleged racist motivation of a killer as an excuse to get out of paying benefits,” Stagliano said. (San Francisco Chronicle)"