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Employer required to pay for weight loss

September 11, 2009
Staffing Industry Analysts North American Daily News

The Indiana Court of Appeals ruled an employer must pay for an employee's weight-loss surgery, The Associated Press reported.

Adam Childers was working as a cook at Boston's Gourmet Pizza when he was hit by a freezer door, according to the court ruling. Childers was 25 years old and weighed 340 pounds at the time.

Childers suffered back and leg pain after the incident and his weight rose to 380 pounds in the time after, according to the ruling. His doctor recommended a lap band surgery to reduce weight, improve his back symptoms and possibly avoid a surgery for his back.

Boston argued it would provide treatment for the work injury (lower back surgery), but shouldn’t have to pay for the weight-loss surgery as the weight was a pre-existing condition, according the ruling.

The decision of the court in favor of Childers was filed Aug. 6. "Evidence supports the [Workers Compensation] Board's conclusion of the requisite causal relationship between Childers' work-related injury and the need for lap band treatment," according to the decision.

The Oregon Supreme Court, in a separate case, also ruled in August that workers compensation insurance provider SAIF Corp. would have to pay for gastric bypass surgery for an employee, according to BusinessInsurance.com. In the Oregon case, the weight-loss surgery would allow for knee surgery for an injury suffered on the job.