Attention Employers! Is Your Business Safe from Obesity-Related Injuries?

As the obesity epidemic spreads “far and wide,” even those men and women in good health are feeling the effects. And if recent legal cases are a sign of things to come, this excess weight gain may take a devastating financial toll, as well!

If you have your own business, no matter how successful you are, you have to look out for your employees’ best interests. And unfortunately, you’re responsible for their overall health care, especially on the job. But for one Indianapolis pizza shop, “Boston’s The Gourmet Pizza,” one legal case involving an employees’ weight may result in the restaurant closing for good.

One Simple Injury, One Costly Result

In March of 2007, Adam Childers, then 25 years old and 340 pounds, was accidentally struck in the back by a freezer door. He sustained a back injury as a result, and his doctors advised that he undergo surgery to relieve the pain. However, due to his obesity, Childers had to first have lap band surgery to lose weight, in order to then have the back surgery.

Naturally, the restaurant agreed to pay for the back surgery. But they felt that they were not responsible for the cost of the weight loss procedure, which would be as high as $25,000. The shop argued that Childers was already obese before the accident. However, the court determined that the restaurant was indeed responsible for both the surgery and disability payments; they felt that Childers’ weight and the accident had combined to create a single injury.

The court stated that the restaurant hadn’t provided any evidence that Childers’ weight had been a medical problem before the accident.

The Latest In A String of Cases

In fact, this case is nothing new, and similar examples have been filed since 1983 in Ohio, California, Oregon, Florida and South Dakota. On August 27th of 2009, the Oregon Supreme Court ruled that the state workers’ compensation insurance was responsible for paying for gastric bypass surgery, in order to ensure that an obese man’s knee replacement surgery was effective. And unfortunately, many believe that these types of cases may mean that employers are going to be hardest hit.

As for Childers, he has since lost some of the excess weight on his own, and has even tried to quit smoking. However, he has yet to undergo weight loss surgery.

SOURCE: http://www.twirlit.com/2009/11/10/court-rules-pizza-company-must-pay-for-employees-weight-loss-surgery/