You Be the Judge

You be the Judge: The Case of the Kid and the Cash

An unmarried, absent father dies at work. Does his company have to pay to support his child?

dollar sign
Noma Bar for Reader’s Digest

Jessica Douglas gave birth to a baby girl named Jamie on April 22, 1998. Soon after, the pair moved in with Douglas’s boyfriend, Scott Moore, whom Douglas had been dating for some time. Though they all lived together in Moore’s Michigan home on and off for several months, Moore wasn’t entirely certain that he was Jamie’s father. In fact, he filed a complaint to determine the child’s paternity. Results from the DNA test came back at the beginning of September and proved that Moore was indeed Jamie’s dad. By then, however, Douglas and little Jamie had moved out. Though Moore no longer supported them financially, he was still, according to Douglas, 
“a father to [Jamie].”

Less than a month after he received the paternity results, Moore was working a job at an apartment complex for his employer, Prestige 
Painting. A gust of wind caused him to lose control of an aluminum 
extension ladder he was carrying, and the ladder touched an overhead power line. Moore was electrocuted. He died shortly after.

On behalf of her daughter, Douglas filed a petition to receive death 
benefits from Prestige Painting. In September 2002, a Workers’ Compensation Board magistrate ruled that Jamie was eligible for 
benefits, since, according to the Workers’ Disability Compensation Act, a child under the age of 16—whether legitimate or illegitimate, whether living with the deceased employee or not—“shall be conclusively presumed to be wholly dependent for support.” The magistrate awarded Douglas 500 weeks of benefits at $252.33 a week.

“The order was clearly in the best interest of the child,” says Douglas’s attorney, Allen Wall.

But within days, Prestige Painting appealed to the Workers’ Compensation Appellate Commission (WCAC). Attorney Robert W. Macy called the magistrate’s decision a “legal error” and cited a different statute in the same Compensation Act, which stated that a child had to be “living with” the employee at the time of death to be considered an eligible dependent.

Should Prestige Painting be required to pay death benefits to Scott Moore’s daughter even though the child wasn’t living with him when he died on the job? You be the judge.

Next: The Verdict

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94 thoughts on “You be the Judge: The Case of the Kid and the Cash

  1. He did desert her, in a way. Regardless, he died and she deserves benefits.

  2. Today marks 16 years Scott has been gone. It’s a bit sobering to think about. He was the first person I lost that I cared about. He was a good man and well loved.

    Reading these comments is hard. Scott had his faults. So did Jessica. Neither one of them was the picture of stability or function and their on-and-off relationship certainly reflected that. They were very good at causing one another pain. Everyone commenting here would do well to reflect on that. Court documents provide a very one-dimensional view of what happened. It’s hardly sufficient to give any of you enough information to judge. Scott is not here to defend himself. Jessica has her past drug up once again. His daughter can read what you’re saying. Think about that. He loved his baby fiercely and it would be a pity if she were to start to believe otherwise.

    Someday, the whole lot of us, friends and family, are going to be sitting in heaven wondering why we couldn’t overlook more and be a source of healing in each other’s lives.

    Stacy, you are a woman who seeks God and strives to live a life that honors Him. Forgive words that cut and give love. 70 x’s 7

    Jessica, you have had so much pain in your life. I’m sorry this has caused you more. I pray that you will one day fully know God’s complete and total love.

    Jamie, you are all of Scott that’s left in this world. Know that there are people out there who love you and are praying for you that you don’t even know. Your life has had it’s share of troubles. But God molds us and shapes us and works all things for good.

    Every child grows up and sees the faults and humanity of their parents. We realize that they loved us fully, even though they were human and imperfect. Sorry yours are plastered on the internet.

    Scott, we miss you.

    And, finally, let’s give Jamie the blessing of loving all her family without feeling like she has to take sides.

  3. Jamie deserves a better verdict and father. Thank God she didn’t have to live her whole life with a dead beat dad. I hope that Tony regrets what his company did and dies with regret and remorse in his heart.

  4. I am glad Jamie is “out growing” the Moore family. I always knew she would, that bunch of DNA shares are like a cancer.

  5. Anthony DesJardin your conscious is calling 734.634.8466

  6. Why does the momma still allow her daughter visitations to this disturbed family? Pay up Prestige! Tony is the owner, flood his office with calls to do the right thing for this child 313 255 1600

  7. Scott Preston Cutting 14154 Wilson Dr. Plymouth, MI 48170 734.829.9146 thought it would be appropriate to stalk Jamie’s mom after this article was published on behalf of the Moore family. She was followed to and from work for 2 days and received more than 300 messages from Mr. Cutting. Lucky Jessica filed a police report in the city of Dearborn and is now pressing charges. You lose again Moore family.

  8. I disagree. I think Jamie deserved a better verdict. A verdict that would concentrate in the best interest of the child.

  9. 1. The statutes should be clear. One or the other, so that personal judgements is not a factor at all.
    2. It is not job of Prestige Painting to judge the quality of a mother or father- judging whether a parent deserves child support for a legitimate loss falls no where under the spectrum of painting.
    3. A child deserves support for the job related loss of a parent regardless of that parents presence or non-presence in the child life. Loss is loss, period.
    Finally, good luck mom and I wish you the best in the future! I have a “father-less” 11 year old and it’s not easy!

  10. Is anyone else truly disturbed that the child was awarded “500 weeks” of benefits? That equates to less than 10 years of care for a child that was only a few months old at the time. I would hardly say that was even close to making sure the girl was “being taken care of” by Prestige. Sad story all the way around.

  11. Of Course Workers Comp Insurance company should pay that child. He was taking care of the child even though they did not live together. Sick and tired of Insurance companies collecting all this income and fighting every step of the way to not pay out thier claims. they should NEVER have been allowed to overrule a JUDGE’s decision for that child

  12. what about social security? the dna test should have gotten you a hearing on that.

  13. The argument in this discussion is pointless. The ire should be directed toward the elected officials that enacted the laws in question. This is yet another example of elected officials who feel that they do not have the responsibility to do the job that they were elected to do, which is to understand the laws rules and regulations they are voting on before they vote on them. The arrogance of elected officials who declare that a something must be enacted into law before we can understand what is in it is beyond comprehension and apparently it is not limited to members of congress.

  14. A little birdy showed me that Scott had a history of violence, anger, and sexual aggression with women. Jess was not the first, but thank God she was his last. His Military file is ….. well ……colorful. How he was honorably discharged is beyond me. He was not an upstanding Marine, Christian, Son, Friend, Boyfriend, Father. Such a pity!

  15. The “Moore” family sounds like a spreadable disease! Stay as far away from them as you can. Mom keeping doing what you are doing and ignore the trash! Prestige Painting…. there are no words for you. Pay the darn kid already.

  16. How can this law be changed? There has to be other kids in this limbo.

  17. Isn’t it funny that “the sister” refers to her own brother as “the father” and not a dad???? Light bulb. There is a huge difference between a father and a dad. Scott’s family call him “A Father”. He deserted her, case close! Prestige, where is that checkbook…. Be prepared for many zeros to pay for your lack of common sense.

  18. Seriously, the article is stupid, just like the law. It’s common sense, pay the kid. The jack off is a woman beater, that alone is red light for the kid to know her father was not worthly of anything good in his life. Sorry little Jamie

  19. I am related to Jessica and she goes to great lengths to support and love her child. Jamie gets everything she wants and all her needs are cared for by her mom. Jessica hasn’t even used the welfare system either. I know the Moore family personally and to be honest they are all nuts. They claim to be “christians” but the facts and what the world can read on this article they’re far from it. RUN RUN RUN

  20. The dude wasnt even there for anything that involved his baby. Not signing the birth certificate that’s cold, kinda like his dead body. She should get any benefit that she is entitled to. Good luck baby girl.

  21. This law is backwards. Mr. Moore made it clear that he wasn’t going to support his child even AFTER the DNA test. Which means he did desert her and she gets the support. Pay up Prestige!

  22. Whether a child lives with parent should have nothing to do with anything. A biological or otherwise legal child is a legal heir regardless.

  23. I cannot imagine the destruction that Jamie has to live with knowing her dad was a monster. A man that is violent towards women is NOT A MAN he is an animal. Thank God Jamie has a good mom that provides for her when the system didn’t. Shame on you Prestige Painting, you’ll be going to hell with Scott.

  24. Wow, I just read this some of the people commenting should be ashamed of themselves. Those of you who would leave a poor innocent child out in the cold the way this company did, I pray for you and your souls. Even if the mother was a “whore” as some of you say, the fact remains that Jamies is a fatherless child. She does deserve to be able to live off her father’s worker’s compensation. To me, he did abandon her; to not sign a birth certificate and to not provide any kind of support to the child means he didn’t care. I do personally know the mother and yes she can be a bit kooky at times, but she loves her daughter beyond a shadow of a doubt. She has to work to make sure that her daughter has everything she needs and wants. It would be nice if she had some extra money to help make Jamie’s life better. Those of you who think otherwise should just die immediately because we need less people like you on earth.

    1. I agree with “Concerned Female”. Scott clearly deserted his child and he has a criminal record for domestic violence as well. Sounds like the best place for him IS in the ground. Fight for your daughter’s right Mom and take care of your daughter.

  25. If I were Jessica, I would keep Jamie far away from the Moore family. They are most likely filling her head with “great daddy” stories and lying to her.

  26. I have no sympathies for this father and I am shocked that Prestige Painting gets off without paying this child. Maybe it’s time for a local news station to pick up this story and make Prestige Painting be accountable. Is Ruth to the rescue still around?

  27. This is a crappy law, but I cannot do anything but laugh at the deceased’s family. Restraining orders doesn’t lie, police reports doesn’t lie, and the facts that the deceased didn’t take care of his responsibilities doesn’t lie. The mom or this child are not on trial here. We are taking about “an unmarried, absent father” and the company he worked for paying this child what she deserves. My heart goes out to you Douglas family.

  28. Sounds like the Moore family is mentally unstable. With all the PPOs and police reports they cannot save the name of their deceased family member, so they’re going to great lengths to paint a bad picture of the mom. The point is Mr. Moore should of taken care of his child, Prestige Painting should do the right thing and support this child after the death of her father.

  29. I think some immature people lost sight of the point. Prestige Painting and the fact that they should pay this child. Has anyone thought that the child now a teenager might read these comments? Grow up!

  30. Ask The Mom about Lauren, her other (maybe abandoned and had disability check stolen from by mommy dearest) daughter.

    1. The Past Comes Back To Haunt U, classy name. Yes, LAURYN (learn to spell) is my youngest daughter. She was a 31 week preemie and sadly has Cerebal Palsy and has severe seperation anxiety. She was never abandoned either. She lives with her dad because he lives with his parents and they help care of her when he is at work. Lauryn doesn’t do well with change and it would be tough on her to have baby sitters or child care. We are in touch with Lauryn and her dad often and send her letters, cards, pictures, and gifts. They in return send letters, cards, pictures, and gifts for Jamie. The dad gets Lauryn’s SSI. The SSI check was deposited into our checking account. Once we broke up the checks were stiil being deposited into that same account until the dad changed it to his account. The money that was deposited into my account has been paid back to SSI. I was not stealing anything, it was an oversight. Is this the correct place to talk about things you know nothing about? I love my girls very much and would do anything for either of them. Grow up Moore family!

  31. I’ve noticed that will i am is a total d i c k that if I’m reading between the lines likes it in his b u t t. Hard. And fast. He would love it if you would let him taste your DNA. He’s probably the moms new man and is wallet sniffing For some quick cash to rent some new tail over in Chicago’s Boy’s Town.

  32. I notice the sister has nothing left to say, after she was caught in her lies. She is a coward just like Mr. Moore. Leave this beautiful family alone and change the laws so another child doesn’t get scewed over by our legal system. Prestige Painting you need to write a sizable check to this momvand put your tail between your legs, because you are clearly wrong. How do you sleep at night knowing what you did? God help you, because you clearly do not have a friend on here.

    1. Someone has a serious crush on mommy. Get a number and step to the back of the line.

          1. Sounds like you are from Prestige Painting or friends with absent FATHER.

          2. ou be so crazy. didn’t you reads the story. sound like you in love wit babby momy. you be her man? so you can haz baby money?

          3. I am … TheGnome. A friend to no one. I am from NoWhere. Sounds like you’re the new man in mommys bed.

      1. Ha! will i am needs to get ready to experience what it’s like to throw his hotdog down a wet hallway.

  33. I know both families personally. Scott did not attend any doctor appointments or ultrasounds surrounding the pregnancy of Jamie. When Jessica went into labor, Scott did not show up at the hospital until after 9pm the following night. He never cut his daughter umbilical cord or was present for her labor and delivery, or sign the birth certificate, but my next door neighbor did. He loved Jamie like a Dad and Jamie called him “Daddy”. He and Jessica later married. Scott only thought about Scott and that is too bad because life is too short. Prestige Painting should of paid Jessica, but by then Jamie already had a loving family and Scott was no where on their radar. You snooze you lose Scott. Prestige Painting you are a douche!

  34. This child we are talking about is just about 16 years old now. Maybe it is time her mom to take Jamie and meet the owner Tony DesJardin face to face to confront him or call him at 734.634.8466.

    1. A S S H O L E move will i am. Attention everyone on the internet. Do Not be like this guy.

  35. Yes the company should pay for this child and yes the father sounds like a dead beat fellow. Maybe that the type of employees Prestige Painting are hiring. Sounds like they were 2 peas in a pod.

  36. Have our court systems lost their minds? If they won’t make the employer pay worker’s comp then the government will have to pay for these kids. Something is messed up in a big way. I hope Prestige Painting goes out of business for this injustice. What type of owner would punish an infant?

    1. the employer does not pay workers comp. the insurance company pays it. workers comp is a type of insurance. worker and employee pay insurance premiums. it is for workplace injury. has a one time death benefit, probably went to his mother. monthly payments go to an injured employee who is unable to work. employee dead. no monthly payments. social security pays monthly payments based on earning history.

      1. You need to do your homework! Workers compensation is a type of insurance. But not the type your thinking of. There are no payroll deductions by employees for workers comp., the premiums are paid by the employer. Based on the number of employees the employer has, dictates how much has to be paid into their account. Once that amount has been reached they don’t pay in anymore unless there is a change such as having to cover more employees due to hiring more people. Or there has been a payout of benifits due to a work related injury. The money that has been paid in is invested and thus the fund groes. At certain times the fund must payback excess monies to the employers in dividends, so the fund doesn’t grow too large. The state I live in manages & runs the workers comp. fund. It is really hard to get them to pay out for total disability claims. When it comes to paying the Dr. & hospital bills they are a little better but even then I know there have been bills that have gone unpaid for years after the person was last seen for their injuries. I have been back to work now for 3 years now & I still get notified that workers comp. hasn’t paid one of my rehab bills from back then. Anyone who says workers comp. is a good deal for the worker is a lying! It’s a good deal for the employer! To top it off they can’t be sued by the employer for neglect or wrong doing. That’s one of the laws of the workers comp. coverage. They decide if & when you will be compensated because you have to go to their Dr.’s to be diagnosed & it’s for them to decide if and when you will be treated.
        Been there, Done that!!!

  37. Yes Prestige Painting should support this baby. It is ridiculous that the court ruled against this innocent child. The owners of the company should be compensating THE MOM and her daughter. What kind of Aunt would write what she wrote on this column so her niece sould read it? Clearly the deceased’s family is dysfunctional.

  38. If he was not working for Prestige Painting that day he would not have died. They are completely at fault for his death and should have supported his child. They are greedy and karma will come for them. Sounds like the dead guy’s sister is an idiot and only causes more harm than good. Maybe the apple doesn’t fall from the tree in that family. Moores’ or Mansons’?!?

  39. Sounds like the best thing for this poor child is her mom. Her dad screwed her, the system screwed her, his employer screwed her, and it sounds like the absent father’s family just wants to cause trouble. Good luck momma

  40. “The Sister” needs to get her own story straight. I am in law school and I read through some of the public legal documents as well as the criminal activity of the deceased and this article truly reflects the truth. I’m sure she is trying to place her brother on a pedestal instead of calling him what he really was, an absent father and an abusive man.
    The facts are this… Multiple restraining orders for protection, a B & E charge for trying to break in a home after the mom, he was not present at the birth and then refused the sign the birth certificate leaving the “father” portion blank, waited MONTHS to request a DNA test and never once tried to offered support to his child even AFTER he knew the baby was his. The deceased clearly did not man up as a father. In my opinion he clearly deserted his child and ultimately abandoned her, so she should qualify for his benefits. Prestige Painting should be sued for punitive damages and pain and suffering.

    I also looked up the mom as well, she has no criminal record, has been married after the father’s death, and is now divorced. She has supported her child well through the years working as a Paramedic and Firefighter.

    Sounds to me like the deceased sister has nothing better to do than stir up the past after all the mom and her child has gone though. May the mom and child be blessed all the days of their lives. Sounds like they are better of without him and his family.

  41. The owners of Prestige Painting have to live every day knowing they denied an infant the money she deserves when her dad died on the job. The law makes no sense to begin with, but they knew what was right all along. “The sister” mentioned the infant is being compensated by the company, that is a bunch of BS. I bet the mom and the infant have never been compensated by the Prestige Painting. Maybe some PR from this article will force the owners to close their doors.

    1. The mom shouldn’t be compensated. Only the child should. How that would or could happen is the problem. How does a company provide for a deceased employees child WITHOUT interference from ‘mommy’? Start and fully fund a ROTH IRA for minors? A college only savings account? I don’t know.

      1. It goes in a trust fund for the child. Who cares about interference from her mom, she has the right to use the money to off set her raising a child as a singe mom. The mom is not the bad guy here!

        1. Nope. It’s a ‘child’ benefit. Not a ‘baby mommy’ benefit. Mom has been dealt a rough life. Boyfriends. Other children. Marriages. But just because mommy spread em doesn’t mean she gets to spend em!

          1. It is a child benefit and should be held in the Estate of the deceased father. Are you related to mommy and the absent father?

          2. No relation. Are you of relation? Are you a leading expert on where and who and how child of deceased parents benefits go?

          3. No I am not related nor am I am expert but I think it was in the best interest of the child to pay out the benefits insead of wasting mone to fight it.

          4. Do you have any inside knowledge, the nuts and bolts, an inside scoop so to say of the whole situation? What may appear to be a waste of money actually is a very frugal and wise decision. But we both know one thing … mommy likes getting it on! You thinking of getting in on that action? You are. Admit it! You’re playing the thread hero to get your stick wet.

  42. he died doing their work,there is no possible future for father /daughter.unfortunately it is an employers world presently and they seem to be shedding responsibility any way they can.the bottom line is king now.common sense dictates they pay,to an account reserved for the child,when 21.thanks dad

  43. As the mom I was not notified that this story was being written or even published until my 15 year old daughter Jamie found this article on the internet. It broke our hearts, especially Jamie’s. Yes our story is unique, but at least they could have changed our names. This is a lot of our dirty laundry hung out on the internet until the end of time.

  44. A horribly written law when two separate sections are completely contradictory, leaving it open to personal judgment.

  45. You have got to be kidding me? Goes to show that a law degree does not equate to a stick of common sense. Leave it to attorney’s and judges to take a case where it is clearly just and moral for the child to receive her father’s benefits and turn it upside down by applying some idiotic ruling that makes no sense. Then submitting a string of appeals that likely cost more in the long run than the compensation the child should have received in the first place.

    1. This is a BS story!! I am the sister of the deceased and this whole article angers me. The facts were all lies! He was a very caring father who was actually working overtime the day of his death to pay this criminal mother. She was living with another man during all of this ordeal (which was the reason for the paternal test) and since has been married 7 times and trying to destroy a marriage in progress. She is a self centered woman who want the money benefit herself and prestige painting knows this that’s why they refused to pay her. They are compensating on other ways!!! She (my niece) will be taken good care of!!!!

      1. A criminal mom, what is my crime? I have not been married 7 times, LOL… You graduated HS and college and you cannot even count, scary! I am currently not married either. The worker’s compensation money went into her conservatorship not to me, but then again that is no ones business. Maybe Prestige Painting should buy her school clothes, or pay for the sports she is in, buy her a car or pay for her to go to Diabetes camp.

        1. How about Theft? That’s a crime. From your own daughter, that’s just shameful … low .

  46. I think that if he had been paying child support previously then it makes sense for compensation, but if mom was willing to go it alone before, she has no claim to money after his death.

    1. We had the DNA result because he did not sign Jamie’s birth certificate at birth. We were due in court for Scott to pay child support and be awarded some visitation rights for his daughter, but he died 5 days before our court date. I didn’t want to “go it alone before”, it was the only option I had.

  47. Parents support children, either by gainful employment or by life insurance, in the case of premature death. These parents appear to have an exceedingly casual approach to parenthood, i.e. the paternity test to determine if Moore actually was a parent. They obviously made no provisions for this child’s future in any way, to the detriment of the baby.
    Prestige Painting’s role is to paint houses, not become a surrogate parent. Parsing worker’s comp terminology is not relevant here. Prestige’s role is to pay employees for services rendered in the business of painting houses.
    In our current culture of entitlements/benefits, it is sometimes hard to see that parents should provide for children and painters should paint houses.

    1. Beckie, you do have a point. My daughter was 5 months old when her father died. We were young and did not have any life insurance policies. We didn’t approach parenthood casually, or at least I did not. I supported my daughter then and I still do, more than 15 years later.

  48. I don’t understand the logic of Prestige Painting fighting this. The court costs and attorney fees probably cost triple or more to the measly $250 dollars they would have had to pay the child’s mother (and even more if they would have lost). Not to mention the bad publicity you receive for a court case involving a company “refusing to pay for child support of a deceased parent”—which sounds awful for a company that relies on positive word of mouth in a local community. Where was their counsel on that one? I’m sure they lost some business because of this. I know I would not hire Prestige Painting out of principal after reading this story.

    Sometimes you have the law and your legal entitlements and sometimes there is simply right and wrong. These guys chose wrong.

    1. You don’t know the real story! This article is a bunch of bs because all the facts are wrong! I am the sister of te deceased father and the mother is a lunatic. She was living with another man all this time refusing to let him see his own daughter. The company knew the situation knowing that the baby would not get a single dime of this money because se would spend it on her own whorish ways. This saintly Mother you are reading about has been married 7 times and is now destroying another marriage. The baby ( my niece) is well taken care of as will have plenty to live on

      1. Sadly for Stacy Moore Douglas “the sister” has many of the facts wrong as well. See no one know the truth except for Scott and I. There were multiple restraining orders out against “the father” as well as police reports. He was a FATHER not a Dad. In the 5 months are daughter was alive before his death, he never once put a penny towards that baby, not even a diaper.

    2. I agree with you RooDog. Prestige Painting spent a lot of money to save themselves money. Jamie was just 5 months old when her father died. The owner of the company, Tony, has never paid one penny out of pocket for Jamie. There’s rumors he has, but Jamie or I have never received anything. The sad part is the owner Tony was one of Scott’s friends. He was more worried about saving his small business rather than giving a 5 month old fatherless baby a better life. He will have to life with the choices he made for the rest of his life.

  49. What difference does it make if he deserted the child or not? A minor child deserves benefits from the parent regardless of the situation.

  50. This is bull. Because the father stayed in the child’s life instead of abandoning, the child is “punished.” Let’s give even more reason for people to beecome deadbeat parents. “In case I die I want you to get benefits, so good luck.”

  51. Really! Though the statutes are contradictory and common sense would say, yes they should pay the child the benefits, wouldn’t the fact that he was not contributing to her support be considered a desertion.

    1. He never gave 1 penny to her, not even a diaper even after the DNA test. This was a tremendous loss in the court system, and my daughter is left without a father and support.

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