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Wal-Mart Sues Disabled Ex-Employee: She suffered severe brain damage after a traffic accident . The Wal-Mart employee received $470,000 from health plan for medical expenses, Wal-Mart has sued to get payout back. What do you think? News link in my answer

By Cognition wears a COAT of Love Asked Mar 29 2008 10:36AM
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by Anonymous on Mar 29, 2008 at 1:00 pm Permalink

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If Walmart did not recoup, the employee would get a windfall. The medical expenses were paid by walmart and the employee got reimbursed for the expenses by the trucking company.

This is standard in all insurance contracts. If you get in an accident and your car damage is paid by your insurance, and you go and sue the other driver and win, do you think you should be able to keep the money? If you could keep the money, you would have a repaired car and cash in your pocket intended to pay for repairing your car.

Courts are there to make you whole, not to give you a windfall.
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Avatar Cognition wears a COAT of Love Apr, 03 2008 at 06:18 AM
Hi Anon I just saw this on AOL news.
 
Reversing itself, Wal-Mart has given up its fight against Debbie Shank, a former employee who suffered severe brain damage after a traffic accident. Shank, 52, received about $470,000 from the retailer's health plan for medical expenses, and the the company had sued to get the payout back after she won money in a settlement.
Avatar Anonymous Apr, 03 2008 at 08:42 AM
This was probably a wise decision on Walmarts part. They probably would have suffered more than half a million dollars in bad publicity if they continued the fight. However, it doesn't make the suit (or more accurately, the defense) any less frivolous.
Avatar Cognition wears a COAT of Love Apr, 03 2008 at 08:46 AM
Agreed!

Answer 2 out of 5

by Rude Bear Ready for Winter on Mar 29, 2008 at 10:48 am Permalink

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As the contract stipulated, Wal-Mart has the right to re-coup if a third party is sued. Wal-Mart is of course the Corporate Anti-Christ and you couldn't pay me to shop there. I have NEVER met a Wal-Mart employee who liked working there.
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Avatar Cognition wears a COAT of Love Mar, 29 2008 at 10:53 AM
Yes I read about that clause, they are just so greedy in my eyes. If they would have made an exception for her it would have opened the door for others to not have to pay back the Giant!
 
You're right though, the only way to really hurt them is to not shop there.
Avatar contraryone Mar, 29 2008 at 10:53 AM
amen!! I worked there when I was younger and it is hell. WE ARE FAMILY is a joke. I dont shop at that place either!!
Avatar Cognition wears a COAT of Love Mar, 29 2008 at 10:55 AM
Thanks for your input contraryone! Glad you moved on.

Answer 3 out of 5

by brewscrew on Apr 3, 2008 at 8:15 am Permalink

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Walmart was following the terms of the policy or contract. They have since dropped the issue and are researching revisions to the policies.
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Avatar Cognition wears a COAT of Love Apr, 03 2008 at 08:29 AM
Yes, I saw that on the news! I do feel happy for the ex- employee.

Answer 4 out of 5

by Rei de jinn - soi un rei lop. on Mar 29, 2008 at 1:01 pm Permalink

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Wal-mart should just forget about the lawsuit and help her out.
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Avatar Cognition wears a COAT of Love Mar, 29 2008 at 01:19 PM
I felt the same way... they're big bullies aren't they.

Answer 5 out of 5

by Cognition wears a COAT of Love on Mar 29, 2008 at 10:37 am Permalink

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Wal-Mart Sues Disabled Ex-Employee: She suffered severe brain damage after a traffic accident . The Wal-Mart employee received $470,000 from health plan for medical expenses, Wal-Mart has sued to get payout back. What do you think? News link in my answer

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