Pizza Shop Must Pay For Worker's Lap-Band Surgery

by Bev Sklar (Subscribe to Bev Sklar's posts)
Sep 15th 2009 9:00AM

Work compensation is a right for employees injured on the job. What if you blow out your knee at work, but you are too fat for a fix-it operation? Should employers pay the tab for lap-band surgery first to open the door for knee surgery later? One Indiana court says you bet, presenting employers facing obese worker injuries with a potentially hefty bill.

Back in 2007, 340-pound Adam Childers was smacked in the back by a freezer door while working at The Gourmet Pizza in Schererville, Ind. Surgery was necessary to alleviate severe pain, provided he underwent weight-loss surgery first to drop major pounds from a body that had ballooned to 380 pounds post-injury. The pizza shop argued they shouldn't have to fork over the $20,000 to $25,000 for lap-band surgery since Childers was obese before he met the freezer door.

The court disagreed, stating his weight and the accident were considered a single injury. This isn't the first lawsuit, others have ruled similarly. Scratching your head on this one? You can imagine small-to-medium businesses quietly ratcheting up discriminatory hiring practices against obese people. Yet with one-third of Americans obese, there goes a huge chunk of the hiring pool. And lap-band surgery is no cakewalk -- what about possible serious post-surgical complications? Childers suffers more, and The Gourmet Pizza could potentially have to pay more.

Obesity costs us all, including the approximately $147 billion our nation spends treating diseases caused by carrying all that fat around. Childers, 27, is in the prime of his life and has been waiting two years for the surgery. The Gourmet Pizza's workman's comp premiums may go up, which could be passed along to diners. Pizza, however, isn't exactly the best choice to eat regularly if you want to stay slim.

From education, plane tickets, health care and even fuel costs, here are a few other hidden costs of being overweight.

Comments (38)

Reader Comments (Page 1 of 2)

Dan 9-16-2009 @ 2:13PM

Here's my take on it. He was 340 pounds before the accident, so obviously he wasn't doing anything to lose weight. Gaining 40 pounds after the accident was a product of his already unhealthy eating habits. Companies get slammed for their hiring practices, so they can't discriminate. Why should they be responsible for the lap band surgery? I can understand maybe the surgery to fix whatever occurred because of the accident. I see many more lawsuits like this coming up very shortly because of this.

Anne 9-16-2009 @ 6:23PM

First, they pay for surgery for runners who damage their knees and hips. They pay for people who smoke to have surgery. They pay for football players broken necks. They pay for surgery for race car drivers who are burned and paralized. They pay for drugs when a man or woman cheats and gets aids. Or other diseases...
So shuddup on the obese. It it ain't one thing its another dummy. And we ALL have bad habits.

Nonie K 9-16-2009 @ 7:33PM

Just don't hire fat people! 99.9% of fat people are NOT fat because of a medical issue... they just don't know what to eat and when to stop eating. Maybe Obama's proposed Health Care Reform Plan can help... hahahaha yeah right! This guy would have to wait years and then might have to prove he's 'worthy' or 'contributive' enough for the surgery.

badday972 9-16-2009 @ 10:20PM

I agree with you totally and have another question to add to the mix: Does the restaurant get their money back if he doesn't lose the weight or if he gains it back?

chermar18 9-16-2009 @ 2:33PM

Iam overweight myself. I have a bad knee too. I would not expect my employer to pay for weight loss surgery should I hurt my knee at work. If I fell at work due to say, a wet floor and there wasn't a"wet floor sign" posted, in that case I would use workers comp. to help correct the injured body part. But getting a free ride to help lose the weight.. no way Do what I hve done in the past... DIET and walk!

eric 9-16-2009 @ 2:46PM

Right. It's everyone's responsibility to keep reasonably fit.
I've lost 55 lbs. and my doctor discontinued my blood pressure meds because I don't need them. I'm 60 years old. Diets don't work, but a change of attitude toward food does. Just eat healthier and don't overeat. Regular exercise also has many benefits in addition to weight control.

Michael 9-16-2009 @ 2:47PM

So there are 3,200,000 people, considered wealthy that have nothing better to do than troll around on the internet like you?

Linda 9-16-2009 @ 2:51PM

Normally, the lap band wouldn't be covered, but his worker's comp back injury cannot be fixed until he loses weight. It seems unfair to the Pizza shop, but it's part of his claim. And yes, obesity is very expensive (for employers to cover the healthcare of the obese employees) because of all the chronic conditions that obesity causes. We've gotten so used to being a fat nation.

Ches 9-16-2009 @ 3:17PM

Another slap in the face to the overweight, and more fodder for everyone else to accuse the overweight of being lazy. Doesn't this count as a pre-existing condition or something? Ridiculous!

Dave 9-16-2009 @ 7:53PM

It would only be preexisting if he was born fat

Richard 9-16-2009 @ 3:29PM

I just can't believe it! Incredible! I think I'll get a lawyer and see if I can sue somebody for something!
The Cayman Islands look soooooooooo good, what with all these law suits and the Banana King's taxes. This country is going MORE down hill by the minute.

Mingo 9-16-2009 @ 3:28PM

Here is another jab by the food police. and another way to blame everyone else for not eating in moderation.

Chris 9-16-2009 @ 3:53PM

Another jab by the food police? He weighed 340 Pounds!!!!! And ballooned to 380 pounds after the injury thats his fault not somethin the employer should have to cover! maybe he should get off his fat ass and go for a walk and if that is too much work maybe he shouldnt walk to the fridge. I mean come on this is crap. but im sure if he didnt get the job because he was a lazy fata** he would be on the news for that too!

Amy 9-16-2009 @ 3:34PM

Oh c'mon.....how ridiculous....so if I start working cleaning swimming pools and I can't swim but I fall into a pool and almost drown, will the company have to pay for me to have psychiatric care, swimming lessons and, maybe even, swimming suits, sunscreen, sunglasses, maybe an umbrella, possibly a lifetime swim instructor and lifeguard, etc?
Of all things....what more can the states start taking away from the small businesses of America. This company's workers comp insurance is going to skyrocket....there goes three employee's jobs, possibly costing the company it's business since the "good service" they had prior will no longer exist without those three staff members. Maybe they'll even have to be closed on certain days of the week in order to cover the ridiculous worker's comp rates!
Bye Bye Gourmet Pizza!

Helene 9-16-2009 @ 3:47PM

Actually, payments for Workman's comp is basically the same as unemployment. You will eventually cap out and you can not sure for pain and suffering of the injury. There is a limit on these types of cases.

Lil Matthews 9-16-2009 @ 5:44PM

There are limits on Workers Comp cases, yes. However, there are no limits to what an employee can try to get out of his employer and no limits to what a judge might order, besides which, the cost of the business's Workers Comp. Ins. will go up. I think there is enough help around to assist people to lose weight today that no one has to be that obese. Excess in anything is negative; overeating is as deadly and costly as smoking and alcholism. (There is an Overeaters Anonymous organization.) One could watch The Biggest Loser for inspiration.

Ramee 9-16-2009 @ 3:57PM

I am very sorry this injury happened to this man. However, he was obese when he was injured...therefore it should be his responsibility to lose some weight before surgery. I have a similar incudent just not at work. My husband and I were in a car accident that was not our fault. I dislocated and fractured my left hip. I was already at 300 lbs when we had the accident. Well 6 months later after being on a walker then crutches I was at 380 lbs. I didn't sue the insurance company because I got fatter from the injury that resulted from the car crash. I have to have hip surgery...I have to lose weight to have it and I am doing it on my own. I am paying for my Duodenal Switch. Truthfully the likelihood of this guy actually lowsing weight and keeping it off with the lap band is very slim - at least that is my opinion with his "its your fault you pay up" attitude.

Karen 9-16-2009 @ 4:05PM

I think this is outrageous! I don't believe in discriminitory practices against someone who is obese but it is unfair that an employer should have to pay for a surgery which is considered a cosmetic surgery more than anything else. Yes the surgery is to help a person loes weight but what would happen if he hadn't been working at the pizza place? He would still be over weight and there wouldn't be anybody paying the surgery he is getting because he got hurt at work. We need to start looking at our laws and our judicial system closer!!! This is where ALOT of our problems lie!

Allie 9-16-2009 @ 5:12PM

The lap band procedure is not considered cosmetic by the American Medical Association. Also, many health insurance companies recognize the procedure as a valid medical procedure, and will pay for their members to get the surgery. However, I do agree, his company should not have been ordered to pay for the surgery, because he was overweight prior to being employed at the company. That IS what's wrong with our judicial system.

cmckram1 9-16-2009 @ 4:19PM

I agree with the person that said the 40# weight gain is not a result of his injury. It's a result of him not being able to control his eating. I am overweight so this is not the pot calling the kettle black. However, to blame his employer, and expect him to pay for the surgery is laughable, at best. Don't guess it matters how old he is, he's obviously looking for a hand out. The person that said the lapband won't work is probably right too. Why doesn't the company add a clause that says if they pay for the surgery and he still doesn't lose the weight, he pays them back for everything they spent on the lapband part of the surgery. Fair is fair!!!!

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