Family Fights 'Ridiculous' Benefit Denial

By the time Frazier made it to the hospital Talley was dead from a stab wound to the heart.

Thompson remains in jail, charged with murder. The trial starts next week. A woman who was with Thompson that morning was not charged in exchange for her testimony against him.

Though Thompson has not been charged with a hate crime, a psychologist reportedly testified, according to Stagliano, that Thompson had set out to kill a black person that morning and Talley was the first he saw.

Going to Court

Frazier, stunned by the death of her daughter, set about winning custody of then-8-year-old Larry Olden III, fighting his father along the way. Then she started the process to collect Talley's death benefits to use for Larry's college education.

The quest has dragged on for more than two years. After filling out mounds of paperwork and finally being able to prove to the workers compensation board that she was Larry's guardian and, therefore, eligible to receive Talley's death benefits, a judge suggested she get a lawyer -- her claim had been denied.

Romano said he couldn't think of another case nationwide where workers compensation benefits were denied in a racially-motivated, work-related death.

Likewise, Stagliano said she has been unable to find another worker's compensation claim like this one. In all the cases she found where benefits had been denied because of a personal connection, the victim and the attacker had met beforehand, even for a brief moment.

She said SRS sent her a letter offering a "nominal settlement" of less than $5,000, but Stagliano said Talley's family is fully entitled to the full amount, which could be $250,000 or more.

Under state law, a judge is authorized to mediate the case or send it to trial if an agreement can't be reached.

Frazier said Larry, now 11, and in sixth grade, asks about his mother "all the time." He loves sports and runs track, but also has an interest in business and math.

"He's a good little kid," Frazier said.

Frazier said that as much as she wants Talley's death benefits to put in Larry's college fund, it's not even so much about the money anymore. For Frazier, it's about making her daughter's employer realize that the denial is discriminatory and unfair.

-- This embed didnt make it to copy for story id = 6324068. -- This embed didnt make it to copy for story id = 6324068. -- This embed didnt make it to copy for story id = 6324068. -- This embed didnt make it to copy for story id = 6324068. -- This embed didnt make it to copy for story id = 6324068. -- This embed didnt make it to copy for story id = 6324068.
Page
  • 1
  • |
  • 2
null
Join the Discussion
You are using an outdated version of Internet Explorer. Please click here to upgrade your browser in order to comment.
blog comments powered by Disqus
 
You Might Also Like...