Sunday, November 8, 2009

Worker's Comp Pay For Weight Loss Surgery - Look Out Another Excuse for Weight Discrimnation The Workplace

That's right folks. I personally am not very happy about this ruling. Since I read about this case through a twitter post from CURVATUDE (thanks for the heads up) I have been searching the web reading articles trying to figure out why exactly this was done and getting a feel for the reactions to this ruling.

Well here is my pretty much dumbed down version of what I have read. Adam Childers was injured his back when a freezer door hit him on the job. At the time of the injury Adam was already over weight and a pack a day smoker. The back injury lead to extreme back and knee pains. Surgery was not recommended due to his weight so other methods of treatment were prescribed but were unsuccessful. Weight loss surgery was recommended as a precursor to the other recommended surgery for the work related injury. The Worker's Compensation Board in Indian ruled that the worker's pre-existing medical and health condition combined with the accident to create a single injury for which he is entitled to work comp benefits. This ruling was upheld by the Indiana courts because a preexisting condition is not a bar to benefits. For a better understanding of the case and the decision click on the links below.

When researching this case I also found a few similar cases here is a link to one of them this one is in Oregon (http://news.opb.org/article/5714-court-rules-workers-comp-must-pay-weight-loss-surgery)

So now that you have the basics of the case what does that mean for us plus size people in the work place. Well the way I see it this ruling gives employers a reason to not hire a qualified plus size individual for fear of possible cost in both health care and possible worker's comp benefits. This decision has me worried about the repercussions. Fat Discrimination is becoming more and more acceptable. Though the plus size community as a whole is getting stronger and helping to build the self esteem (and wardrobe) of our community the general population still thinks it is OK to degrade someone because of their weight. Employers think about money first and why take the risk when study after study blames weight for every disease under the sun. It is cheaper to not take on the risk at all. Where does that leave us especially in an economy where jobs with or without benefits are hard to come by.

If employers are concerned you would think they would promote healthy living initiatives. Work on getting employee discounts to health clubs, day spas, restaurants with healthy menus, and such. Even give bonuses based on those making an effort to stay healthy by utilizing the programs and discounts you have initiated. You will be surprised how much people will do when given the incentive. And if you have employees considering weight loss surgery give them the time they need to make it happen. In the long run it will mean less doctors visits which will lessen the employers health care cost. As sensible as this may seem I do not see any of the employers that have reacted to this article mentioning anything of this nature. All I hear is outrage over the ruling. If they are so worried about Health Care Cost you would think they would work toward correcting the health care issues in the United States as a whole but that is a completely different discussion that I am choosing not to get into today.

I guess in the end I just wanted to put this out there, let people know what is going on and give you something to think about. Leave a comment and tell me how you feel about this case, the decision, or just my take on what I have read. Let me know what you think.

2 comments:

Unknown said...

I have seen way to many folks become ill after this kind of Surgery! The gut that we are tampering with is part of our immune system! They have not found out every thing our stomachs and intestines do for us ! I hate that my friends who have had this surgery can't eat meat or other foods with out throwing up! You really have to change your life style for this to work. If you change your life style, you will lose weight any way, and not have the ill effects! I lost Over a 130 pounds with out surgery! I still need to lose more and fight with it every day! I wont have surgery because as a Educated medical professional I know the long term effects of starving ones body of nutrition! Yes that is what they are doing and it is not reversible! I dealt with weight related discrimination as a nurse,and I agree that this issue of trying to force weight loss down peoples throats isn't fair! I do think as a country we all need to help our self's and our kids to become healthier but weight loss surgery isn't the way!

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