Imagine this: An employee, who happens to be morbidly obese, is injured at work. Doctors say, before he has surgery to correct the workplace injury, he needs weight-loss surgery.

And, in two separate cases, courts rule that comp must cover the weight-loss surgery!

First, the case of Adam Childers. While working at Boston’s Gourmet Pizza in Indiana, he was struck by a freezer door, injuring his lower back. At the time, Childers was six feet tall and weighed 340 pounds.

A doctor said before Childers could have back fusion surgery, he needed lap-band surgery to lose weight.

A workers’ comp panel awarded him benefits to have the weight-loss surgery. His employer appealed, arguing that Childers suffered from a pre-existing health condition of morbid obesity.

However, the court said the restaurant couldn’t prove that Childers had a weight problem that impaired his health and/or required medical intervention. Case closed, he gets the surgery paid for by comp.

In the second case, Edward Sprague injured his knee at work in 1976 and reinjured it in 1999.

During that time span, Sprague’s weight went from 225 to 350 pounds.

Doctors told Sprague his weight would prevent successful treatment of the knee condition, so he sought workers’ comp benefits for weight-loss surgery.

His insurance carrier argued that the claim wasn’t compensable because the obesity wasn’t caused by his 1976 accident.

Last year a state court ruled Sprague’s bypass surgery should be paid for by workers’ comp. The court said the injury was more than a minor cause of Sprague’s need for gastric surgery.

Now, the Oregon Supreme Court has issued the last word in this case. It agrees that comp should cover the weight-loss surgery.

Should state comp laws be amended to prohibit employees from getting workers’ comp benefits to pay for weight-loss surgery in cases like these? Let us know what you think in the Comments Box below.

“How do I get all my employees to wear their safety gear all the time?” It’s one of the top challenges safety pros face year after year. So we asked 290 of your peers about their experiences to find out the top reasons workers give for not wearing PPE.

And we also asked safety managers how they deal with the problem. Here are the results:

Fit/comfort

“It doesn’t fit right,” or “it’s uncomfortable” are the reasons 30% of safety pros hear most often when they ask workers why they aren’t wearing their PPE.

Solution: Get workers involved in PPE choice. Ask what the comfort and fit issues are with their safety gear.

Work with a few select employees to order several different trial samples of regulatory-compliant gear.

Then have these employees test it. If there isn’t a consensus, note whether people with certain physical characteristics prefer certain types. You may have to order more than one type to satisfy your workers.

‘I didn’t know’

Some workers will try to put the blame for their lack of PPE on someone else – many times their supervisors or trainers.

“I didn’t know I needed safety gear” was the top reason heard by 10% of safety pros.

Solution: When safety gear training is given, have workers sign a paper stating that they’ve received and understand the training.

To make this policy work, supervisors will have to follow up with disciplinary action when workers don’t wear PPE.

Time factor

“I didn’t have time,” or “it takes too much time” are the main reasons 18% of safety pros hear as excuses from workers without PPE.

The first step to solve this problem: Ask workers why and listen carefully to their answers. You may have a conflict between production and safety. In that case, ask production supervisors to emphasize that work doesn’t start until safety gear is on.

You may also find out these workers weren’t properly trained about donning PPE. Another possibility is that workers are rushing to get to their stations on time because of tardiness. Disciplinary measures may be necessary in those cases.

They’re invincible

“I won’t get in an accident” is heard most often by 8% of managers.

Oddly enough, this sentiment is expressed by two very different groups.

Young workers often think they’re invincible — that nothing bad will ever happen to them. If they haven’t been exposed to a serious injury, it may seem to them like “that only happens to other people.”

More experienced workers who have gone their entire career without a serious workplace injury adopt this rationale: I’ve always done it this way and haven’t been hurt so far.

Solution: Show them how it has happened. Invite someone who suffered a serious — and possibly debilitating — workplace injury to speak to an all-hands safety meeting.

Ask the person to explain in detail how the injury has affected his life — how everyday activities others take for granted are now much more difficult for him.

Another tactic: Tell employees to put an arm behind their back. Now, ask them to perform a simple task such as tying their shoes.

Memory lapse

The rest, 34%, say “I just forgot.” Check first if fit, comfort or time is a factor before accepting this excuse.

This is where a strong safety policy comes into play. Each workplace has to decide how often it’s acceptable for someone to “just forget” and what will happen to the employee each time. Universal enforcement — up to dismissal if appropriate — will send a message to others to always wear their PPE.

What’s the biggest excuse you hear from employees when they don’t wear their PPE? What has — and hasn’t — worked for you to make sure they wear it? Let us know in the Comments Box below.