Court Orders Employer To Pay For Gastric Bypass Surgery
Anyone familiar with the workers' compensation system understands that every situation is different. There are rules and regulations in place to ensure benefits are paid only to eligible claimants. Determining which medical expenses are covered is not always an easy task. In fact, in some situations where benefits have been denied, the court has been asked to make a final determination.
Consider the case of an injured worker whose benefits were approved despite the controversial surgery involved. In this case, an employee suffered a back injury at his place of employment. At first glance, this is a clear cut case of a worker injured on the job, and benefits should be granted. Other factors came into play when making the determination, factors which landed this case in a courtroom.
The injured worker, following the advice of his physician, requested his employer pay temporary total disability benefits to cover the cost of gastric bypass surgery. In this situation, the doctor felt weight-loss surgery was necessary to avoid long term back pain resulting from the work injury.
Benefits were awarded through the Workers' Compensation Board, however the employer appealed the ruling. The employer lost their case in the courtroom and were ordered to pay for both the gastric bypass surgery and the work related injury.
Obesity is a problem for one out of four Americans. Two out of three adults are considered overweight. Childhood obesity is threatening the health of our children. Until this problem is solved, cases such as the one described here will continue to surface. Whether a workers' weight is the cause of an accident or an obstacle in recovery, the issue of what medical procedures will be covered remains to be seen.
