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Doc orders weight-loss surgery: Will workers’ comp cover it?

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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.

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Comments

  1. I think if one surgery can’t be done without the other, then both need to be paid for.

  2. The work injury requires treatment that includes weight loss. If the doctor says the surgery is required to lose the weight than it should be paid for.

  3. No WC should not be made to pay for weight loss surgery.

  4. NO WAY should comp be required to pay for these people! They chose to allow themselves to become obese so, they should have to pay for their own gastric bypass/band. Maybe, had they learned to “bypass” the chow a little bit more, they’d be in better shape.
    In my opinion, the obese are becoming another “entitlement bound” section of the population.

  5. Klay Northrup says:

    What is this country coming too? One more reason our private sector businesses are going to places like China and India for labor! Between OSHA, Organized Labor, and petty rubbish like this, our businesses are being strangled. I suppose we as safety professionals should start pushing health and wellness programs. But then, you can lead a horse to water, but you can’t make him drink!

  6. If an employee is injured at work, the company is responsable. If the employee is obese, is the employee responsability. The company can not control employees life style, but can help having a safe and healthy environment.

  7. Once again business is being forced to delve into personal health (obesity) choices because of judical rulings. But you can’t ask health questions (pre-existing) so how can you take the chance on hiring anyone who is not 20 YOA, in apparent great health and single? Companies can’t order workers to lose weight or stop smoking because that would be discrimination and if you don’t push for it, you are ignoring workers safety (another hazard!) And people wonder why businesses aren’t hiring them when they show up for the interview with a super-sized EVM in one hand and a jumbo drink in the other and smelling of tobacco. We are moving toward an era of business not providing any health insurance for anyone (because of the cost) and trying to make ends meet as the work comp premiums go through the roof.

  8. A persons weight loss should not be covered. They were the ones that could not control how heavy they got and the company should not have to pay. If weight loss is required for sugury, then the employee should take the loss untill they lose it then workmans comp should pay for the actual injury correction.

  9. Intersting case. If a pre-exsisting condition causes the injury such as fainting due to low blood pressuer or diabetis, the employer should not have to pay. Now if the accident was caused in the work environment then the employer does pay. That includes any cost needed.

    Could this lead to not hiring employees with pre-existing medical issues?

    some of my college course, delt with figuring out the return on investment for programs such as smoking cessation, lowering cholesteral, blood pressue managment and weight management. Will employeers forgo these cost and discriminate aginst potential future work comp. cost. I believe we need to start discussing how we are going to deal with an aging work force.

  10. I have a hard time going along with the gentleman with the knee injury getting the weight reduction surgery paid for by comp. According to the article, the weight gain came between the time he injured his knee in 1976 and when he reinjured the knee in 1999. A company is not allowed to terminate him due to the weight gain so why should that same company be liable to pay for the surgery to get the weight off. The weight gain was due to either a lifestyle choice which he should be responsible for or a medical condition which his health insurance should pay for. And people wonder why employers are closing their operations or moving outside of the US.

  11. I agree with Rhonda, wholeheartedly. Tort reform before healthcare reform.

  12. What if these people had other health related issues that made surgery impossible like high blood pressure, high cholesterol, severe diabeties, or anything else? Would WC be responsible to treat these pre-existing conditions as well? This can really open a can of worms.

  13. TO all Employers
    WC should not pay for weight loss surgery and if you hire an employee who has a weight proplem you should make them sign a disclamer prior to starting work for your company to protect assists.

  14. I would like to say obesity is just like cancer. People always blame the person and some times its not how much we eat. It not just pushing away from the table like everbody thinks. I’m glad that WC is pushing the surgery. It will change the way these people fill and they will do more at work. It will change there lives….

  15. Bad idea. Just one more reason for companies to be prejudice about hiring obese people. I think the judge could have taken into consideration the injured person could diet to loose weight.

  16. I want to address the fact that 50% of obese people are not obese because they “chose” to be. Many reasons for obesity has NOTHING to do with eating too much. We, as commenters can’t
    ass-u-me that either one of these two cases of obesity were caused by neglegence. For example, if someones thyroid goes out they could easily gain or lose 50 lbs in less than one months time. How sad that bigotry shows up in so many “flavors”. So ALL obese people should not be covered by workers comp. for an injury if bypass is needed before corrective surgery? Pretty narrow minded to say so. I think it should still be a case by case decision.

  17. Responsibility is a value that is in the consciousness of the person, which allows him/her to reflect, manage, guide and assess the consequences of their actions. If the natural act of being responsible is passed from the individual to the courts, then we end up with a conscious by committee with assigned responsibility to an entity, as in this the case, the employer.

  18. This is insane. Socialism here we come. How about the WC board award the employee to take leadership classes on self responsibility and the employee pays for it.

    The funny part is that in many cases if an injury occurred at work while an employee was walking down normal and compliant stairs and fell because the employee weighed 400 lbs, the company would be liable.

  19. Worker’s Comp shouldn’t have to pay for weight loss surgery. What if someone couldn’t have surgery due to bad blood pressure, high blood sugar, or high cholesterol; would worker’s comp have to pay for blood pressure, diabetes, or cholesterol pills? The weight issue is not employment related its lifestyle and/or genetics. The surgery should be covered by the employee’s health insurance, the employee, or medicaid benefits. I would think that other options would have to be tried first before surgery such as diet, exercise, and perhaps medicine to help lose weight. I wonder how an employee’s lack of compliance with the physicians and therapists directives effect worker’s compensation. People have to work at getting healthy themselves and a “magic” surgery without any work on the part of the patient or employee is rarely the answer.

  20. Yet another example of judges not judging. The rules seem to have become more important than the game. Put their lawyer in the cooler for a couple of days for contempt and dismiss the claim. Any self respecting, self sufficient citizen would be embarrassed to file such a claim against their employer’s insurance.

  21. Wow I am a food tester and i cant hold my weight down at all, I sure hope i dont get hurt at work or all the workmans comp i have paid in for the last 6 years will be for nothing. lets not get to judmental of the overweight population it may just be you someday.

  22. i have no problem with either company being required to pay for these surgeries. Many companies have refused to assist there employees with health issues and stress management, yet when they become ill for these reasons, its the employees fault. i started work for one agency over 15 years ago and the one outlet for stress i see within my work environment is food yet my agency has not until recently begun addressing stress relief or healthier living.

    as for the cop outs who say this why the companies move out of the us, my response is bs. the companies move for one reason only. GREED!

  23. Well Said Paul!

  24. Unfortunately the courts are losing all common sense. The employee should have to pay for their own bypass surgery then workers comp kicks in to pay for the injury. These kinds of court rulings will only make it harder for the obese to get jobs as they will be seen as a liability by prospective employers.

  25. No I do not think WC should pay for a condition that did not arise out of and in the course of performing a job function. Is the weight a contributors factor yes but not a result of the job. Companies are going to be nailed either way. In another article WC was held compensible for a company sposoring or contibuting to a Wellness program where an employee got hurt in a gym off hours. If healthcare reform is to have any chance then the legislators need to stop this “I don’t take responsibliity for myself” attitude.

  26. If workmans comp is going to be expected to pay for weight reduction in these cases where it is not a direct result of employment, it won’t be long before insurance carriers will be looking at employee’s weight as factor in setting premiums. Then we as employers may start looking at weight as condition of employment…. who knows where this slippery slope leads to.

    Let’s not open this can of worms. We all have to take some personal responsibility for something, and employers need to be held responsible for their actions. Having employers paying for things they have little or no authority to control is not right.

    I also believe that if I am injured at work because of personal health issues IIIIIII should be held responsible.

  27. I have a better idea – don’t hire the fat people to begin with. Reduces their health insurance costs as well as preventing WC costs like the story above.
    In case you say I’m discriminating – you’re right! We all make discriminating choices every day in all we do. In this case I’m discriminating to pick a “safer” and less “costly” choice for my employee. And I challenge anyone to file an EEO case against me.

  28. To Katie:
    Signing a waiver will not protect anything. If someone getss hurt at your company, your company will be liable to cover damages.

    To those stating that being overweight is not a choice:
    I agree to some extent, however the docs in these cases are pushing for the stomach reduction surgery, not looking to fix chemical or hormonal problems, and that leads me to believe that overweight problems in these cases can be linked to overeating.

    I think that this is leading to a very slippery slope, how much of people’s previous lives is WC going to have to cover?!?

  29. WC is for work related injuries, period, not HEALTH related issues. As Linda stated above, a thyroid problem can cause obesity, so not all obese people are from eating too much. However, a thyroid problem is not a work related injury, it is a health problem. Therefore, that should be covered under the person’s health insurance, not WC.
    My comments on the cases above:
    First case: “The court said the restaurant couldn’t prove that Childers had a weight problem that impaired his health and/or required medical intervention”. Of course they could prove it. The doc said they couldn’t do the surgery until he lost weight, so he was evidently a health risk for surgery due to his weight. Once again, a health concern and not a work related injury. WC shouldn’t pay, health insurance should. WC pays for back surgery, health insurance pays for lapban. Case solved.
    Second case: I have two bad knees thanks to the military. Since leaving the military, I have put on some weight. Is it due to my knees? Yes and No. Yes because it makes it difficult for me to exercise and no because I should be watching what I shove in my mouth a little better. So should this guy. Just because you have a “disability” doesn’t mean you have to be obese. Dieting works to control weight also. WC issue, NO. Health issue, NO. Personal issue, YES. WC pays for the knee surgery, patient goes on a diet. Case solved.

  30. This is ridiculous. The obesity issues in both cases are personal issues that need to be addressed by the employee, not the employer. People need to take responsibility for themselves, and not push that responsibility onto others. If either case was an over eating problem the employees should have addressed it before it got to the point they were obese. Same line of thought applies to a pituitary problem. You would think that if someone put on 50 lbs. in one month they would consult a physician and address problem and try to fix it before they put on 150+ lbs. Either way the employee in both cases should have had to address the obesity issue outside the workers’ comp. system. 2 equally poor decisions that will more than likely cause problems for all of us down the road.

  31. This case worries me. Being overweight myself, but taking control of that now, I worry that cases like this will encourage companies to weed out prospective employees based on their weight. I think the injured employee should be encouraged to lose the weight without the lapband or bypass surgery. If it takes writing exclusions into state laws then so be it.

  32. The problem with doing gastric bypass surgery is that it is risky, and takes quite some time to work. I think the doctors should have suggested to the patient that he lose weight by whichever way he chooses, then the doctor would do the surgery. I don’t know the severity of the back injury in either of these cases, but sometimes time will make the injury better in that the swelling on the bulging disc will go down, etc.

    But the companies should not have to pay for any surgery that is not directly linked to the injury.

  33. Robert Karp says:

    Weight-loss surgery as an elective, then no, let the person use their own medical insurance.

    Since the weight-loss surgery is being called for in order to perform treatment for the work related injury, then yes, workman’s comp can pay for it.

    Those saying “NO” must be employers. You can suck it up. If you don’t like it then institute a program to encourage healthy weight loss as a preventative measure. Hire a Wellness Counselor to assist in this. You not have had anything to do with people becoming obese, but at the same time you weren’t doing anything to discourage it within your company.

  34. THe obesity is a personal health issue. Are employees going to file a claim for lap-band surgery (or other treatment) because they have a desk job and have gained 40# in five years? Do they have stress at work and band-aid it by eating too much and WC should pay for it? How far will our litigious society let this go? No one will be able to stay in business if we continue with this trend of irresponsibility and inaccountability. YES, the state WC regs must be changed to ensure employers aren’t faced with an onslaught of these unjust, innappropriate claims.

  35. I agree with Lori. Over eating to the point of being overweight is an individual choice that each person makes and should live with the consequences of that choice. If the person gets injured at work, let WC pay for the injury that the employee suffered but NOT for the surgery to lose weight – that is absured and ridiculous! Why is the employer going to be penalized for something he had no control of?!

    Employers cannot discriminate against a person being

  36. Dan Mueller says:

    Some people take responsibilty for their physical condition and some do not; it is the world we live in.
    I DO NOT ever believe WC should ever pay for anything that is the sole responsibilty of the individual; ever!
    The problem is we live a cheating, lying, not my fault, it’s always someones elses fault, so on and so forth society and until the legal system regains its common sense this will never change.
    Unfortunately; I agree with a prior comment that soon how a person takes care of themselves physically; which superficially and externally can be seen very easily, will be a criteria for hiring!
    WC has become a crutch and scapegoat for many unnecessary things and the true impact will be higher insurance premiums and to a point, when the premiums get to high; a business drops its health care or goes out of business.

  37. in the case of the first guy it should not have been covered, his weight was a pre-existing condition that was not in any way caused by the injury, except maybe making him a little slower to react to the door. His condition was to caused by but maybe contributed to the severty. He should be heald responsible for the cost and not the employer.

    The second one is not so black and white. Knee injuries decrease mobility which increases you weight gaining potential. I’ve recently injured my knee and in the short span of 4 mo I have gone up two clothing sizes with no changes in eating habbits, while aginst doctors orders I’m still trying to exercise, ammitedly at a much slower pace. He had a period of years, I can see that causing even more weight gain, which in itself will cause more damage to the weakened knee, which then turns around and further decreases mobility. Its a cycle, that will lead to further harsher health issues, which most likely lead to the second injury. This one needs more closely looked at. In many cases such as this yes it should be covered. The injury lead to secondary health issues, those should be covered.

  38. Common sense tells us that when you’re that over weight it’s not healthy. Companies shouldn’t have to hire a wellness counselor to encourage employees to be healthy. It’s just another way of saying it’s not my fault and pushing the responsibility on to someone else.

  39. If the weight loss surgery will get the worker back to work sooner then pay for it, it may cost the insurance company less money in the long run just to pay for the surgery than it would be to pay the worker to be out of work, remember the worker is getting 67% of his pay for everyday he’s out and you may never get the worker back to work if they can’t do the surgery for the work related injury. With weight loss surgery the weight comes off faster which gets them to the operating table for the work related injury sooner, as well as a faster recovery time when your in better physical condition, the ultimate goal is to get the worker released to full duty as soon as possible.

  40. I would say that if you hire someone that is morbidly overweight and they are injured on the job and they need to have a surgery to repair the injury that happend at work then the weight loss surgery should be covered.

    This is a prime example of why it is important to pre-screen and proves that as the employer you are responsible for the decisions that are made to hire and what job duties are being preformed.

    If a person that was over mobidly weight knew it would be hard to get a job maybe then the US would not have such a problem with obesity.

  41. Wow are you suggesting we discriminate against over weight people? There are so many things wrong with that thought process that I don’t know where to begin. What exactly would a “safe” job be for an overweight person that could insure they wouldn’t hurt themselves? What if you hired a person or normal body weight and they gained weight while in your employement?

    Your opinion is even more freightening then WC being charged for weight loss surgery.

  42. The problem is that the bypass surgery will not fix whatever made the person overweight to begin with. We as a society tend to be “victims” and not take responsibility for ourselves. Yes, there are many ways to become overweight, some beyond the employee’s control but NONE caused by the employer. If thyroid is the cause, the employee’s thyroid was not injured at work, right? Also, after the surgery and any weight loss that may result, can the employer then require the employee to submit weekly meal plans and limit what he eats until after they are all done treating his work related injuries? This whole scenario is ridiculous. These types of cases are going to end up feeding into discrimination in the hiring process in time. If private health insurance would recognize the benefits of preventative programs and pay for things like nutritional consultations and exercise programs, we’d all be a lot better off and wouldn’t see cases like this come to court in the first place.

  43. The overall rate of success of these weight loss programs which are perpetually contending with from each one other is more or less the one. And the most ridiculous part is that these programs all fail at the same hurdle in cattiness of doing really tall claims. This occurs because the body gets habituated to the hardship through which it is cast and aligns itself to the new routine and the metabolic process slows down. You have to be quicker than nature to be able to trick the body into falling back weight. Without pursuit this footprint then you will perpetually inquire why you cannot turn a loss exercising weight.

  44. I think their obesity likely resulted in their poor safety habbits at work, which resulted in their initial work injuries, which resulted in a doctor requiring the bypass surgery in the work place. I don’t think employers should have to pay for any of the treatment as it can all be easily tied to pre-existing, non-work related issues.

    Where is the personal accountability? Work DID NOT MAKE YOU OBESE!

  45. wow. u all make me ashamed to call myself and american. it shows there are many uneducated people spewing garbage that they picked up passing by the five and dime (this means ur regurgitating things and ideas uve heard from other undeucated people). the fact is this– 80% of diets fail in the long term. scientists believe more than 30% weight related issues are linked to genetics. now b4 you get ur panties twisted finish reading. scientists also factor in environmental and psycological issues (which makes that percnetage climb even higher). i personally believe that (and many doctors and scientists are backing this up) that how can we hold a person responsible when their brain isn’t sending out the proper chemicals (uve all heard of leptin) telling them that they are not starving. the gastric bypass surgery cuts out the part of the stomach that produced the chemical that tells you that you are hungry. so this surgery gives these people the chance to change their eating habits they essentially can retrain themselves on how and how much to eat. the only time i can comfortably say these people are at fault is when after the surgery some do not retrian themselves portion control and continue to eat as they did previously – the occurance of this is low. some of the comments i read here indicate that the incidence is high and likely but if you know what the surgery entails then you would also know that the stomach they are reduced to is about 2 ounces. (they won’y be eating much).

    should workers comp pay for it–maybe not. but too many insurance companies wont help with it either.

    ok ive rambled way too long. enjoy!!

  46. We hired an overweight salesman. Six months later he had a heart attack and died. Double his annual salary in life insurance, plus additional supplemental coverage. Do we set out to intentionally discriminate against anyone obese? No. But you can bet we thought long and hard before hiring anyone else that was overweight. Its life. As HR professionals, we get paid to look out for the company while at the same time trying to be fair the workers/potential workers. You have to draw a line somewhere. And sometimes good people suffer the consequences.

  47. hello everyone ok i agree and disagree with this, here is what has happened with me and maybe someone can help me out here in my case i have always been a thick girl but i got hurt at work and injured my back pretty bad i am a welder and ANYONE can tell you that my job is FAR FROM SITTING BEHIND A DESK DOING NOTHING ALL DAY i can do anything and everything anyone else in my feild can do and in some cases more i was very active never at home worked as much as i could and i maybe then and now will maybe eat one little meal a NIGHT so over eating is not my problem heck i cant afford to eat if anything not like you get paid that well on workers comp but after 10 years of welding my luck came to an end 9/23/08 it was something that happened that i never expected and i wish i could go back to that day a do it all over again to try to avoid that accident but i cant, anyway so i have been told by FOUR DIFFERENT DOCTORS THAT I CANT WORK OR DO ANYTHING so i am being forced to sit at home an not do anything ( still only 1 small meal a NIGHT ) even still if i wanted to i could i cant do anything without totally killing my back no matter what i do i cant even stand in the shower for to long without needing help stepping out of the tub, so it isnt like i chose to sit home but now that i am home and cant do anything i have gained a good bit or weight in this 1 1/2 i have been home I ALSO QUIT SMOKING INT HIS TIME AS WELL) so in my case i feel like workers comp SHOULD PAY for me to have the surgery because if i had not of gotten hurt at work i would not be in the situation i am in now because the doctors have said even after the injection and maybe back surgery i will not get better if i dont lose this weight also, i would lovE to hear what everyone has to say about my situation here maybe yall can help me figure out what i should do as well i need some kind of help here and i feel like they should have to help me !!

  48. Melissa, I am sorry to hear about your situation as you pointed out WC is not the free ticket most people think. When the employee is injured not only are they injured and suffering but their financial situation is terrible. I think both these cases had the surgery approved because it was required to complete the corrective action. Not because weight was pre existing or some corrective action for the after mass of the injury. That WC check is based on MMI Rating on what you made at the time of the injury. The employee and the employer each have their own responsibility that they must live up to. As to your weight issue, please seek out a professional wellness program. Call a local college, hospital or non profit in your area that provides not only a physical program but also a dietitian, psychologist and MD. Your physical limitation requires expertise beyond what is on the grocery store magazine. A physical limitation is not a disability it’s just require a different plan if action. There are paraplegics who function well in their lives, they just go about it a different way. Take control of your life and Good luck.

  49. Malissa says:

    thank you JR for your advice so in other words what your saying is that the reason the people above were able to get help was because they were that way before they got hurt and since i started gaining most of my weight after i got hurt do to my restrictions that i wouldnt be able to get them to help me because i would think that it would be a stronger case seeing how due to my injury i have gained all this weight because if i hadnt gotten hurt i would still be doing well and in shape idk i am just a little stuck, confused ,upset and alot of other words that i cant even begin to describe i am looking into it more and going to talk to my attorney about it and see if they can do something because your very right i dont even make half of what i made before i got hurt which is more than others get but i do have kids and bills that havent changed so it hard to be able to go out and buy certian foods to try to go on a diet thats why i only eat maybe one good little meal a day as it is i mean i cant afford to buy and thing more my daughter ALWAYS comes first so i buy for her what she has to have FIRST and just whats left is all i have for me and that isnt much i also have to figure in the gas for the the 50,000 doctor appointments i have a week lol not really 50,000 but it is alot i have like 5 doctors that i have to see on a weekly bases and if i miss just one of them i will lose the little bit of benifts that i do have and they are not the closest appointments either so gas always takes the most part of my check each week but thank you for your advice and i will let you no what i find out maybe something good will come of all this if not i have still learned a valuable lesson i n all of it an that is NEVER GET HURT AT WORK !!!!

  50. Nathaniel says:

    I think this society caters way to much for the obese. Sure there are some underlying factors that can make people obese like heredity. However, the type of sedimentary lifestyles (un-active, bad nutrition, lack of exercise)that most of these obese people live is the underlying factor. Why shouldnt the employee be held accountable for his own weight? No one forced him to eat the two big mac meals for $3 everday from McDonalds. It is just a way for people to get sympathy. People think that you cant stereotype becuase it is wrong, and that people like this employee should be helped because they cant help it that they are overweight. BS! I am a parapalegic, hold a great job(Safety Coordinator and Asisstant Estimator, have a side business and live a geat life, do you see me on the side of the road asking for money and sympathy, hell no. In fact I feel bad when I park in the handicapp parking spaces. Because I have been in thereapy and in the hospital for months on end, I iknow what it really looks like when people are faced with problems that are out of their control. These obese people haveno idea what it is like to not even be able to go exercise if they wanted. I have been in a wheelchair for two years now and what really ticks me off are all of the obese peoplethat think they are handicap. I have only seen two other people in wheelchairs using the designated handicapp parking. The VAST majority of the user are the obese. They got to help themselves out, they should park as far away from the store as possible so they have to actually walk a ways before they get in the store. We as a society really need to stop being so oversensitive and quite catering to [people that really dont need help. Maybe WC and hand out money to the vagrants on every off ramp, might as well. I am sure someone can find some underlying cause why they should be givenhelp and free money, instead of a swwift kick in the butt anda job application.

  51. Well said Nathaniel! When and why did society start looking at the obese population of this country as handicap? And it saddens me when I see obese children who haven’t been given a chance in life because they were never taught proper nutrition or encouraged to live an active lifestyle. Fast food is a major contributor I know. Eating healthy can be done if you plan for it. There are lots of healthy choices that are affordable in the grocery store. You can do anything you put your mind too and Nathaniel is a great example of that. Your weight, Your lifestlye, Your health, Your safety are YOUR responsiblity.

  52. yea and your not thats real smart go talk about people that you dont even no number one i dont park in a handicap spot i park where normal people are suppose to park due to the fact that we have to cater to the people like you who think that since they are in a wheelchair that they can say and do whatever they want to do because people feel bad for them well i no better i have taken care of 2 people in my family that have been in a wheel chair longer than 2 years one had not legs at all the other was lucky to still say he had legs but couldnt walk i am far from lazy hunny i have been a welder for 9 years i can do anything and everything that and GUY in my trade can and then some the reason i got hurt at work was due to an idiot that THOUGHT HE WAS SO MUCH BETTER THAN A WOMEN and because he was my boss if i had not of listened to him and done what i was told i would have lost my job so i have to go to work everyday with idiotic men who think that it funny to force women to do the UNTHINKABLE and if you cant do it then your fired so i have to work harder everyday just to be able to keep my job so maybe just maybe you may want to actually THINK before you open your mouth about people you dont no and just assume that they are over weight because they are lazy and eat 3$ BIG MAC MEALS EVERYDAY because i am just as good as anyone else out there and it is not my fault idiotic men are given a title that the only reason they got the title they got is because they lived under their bosses desk to get it and i bet that BEFORE you were in that chair i could have run circles around you but when it come to wheelchairs i no a pretty good bit not i was not in one but i have had to do enough to no what it is like so i dont want to hear your sob story either

  53. Nathaniel and, Cheryl….BRAVO! My thoughts exactly.

  54. The recurring theme here is “It’s not my fault.” And that folks says it all.

  55. Nathaniel says:

    Rhonda, Cheryl..Exactly…Bo Hoo. Maybe she should complain about something else. All I know is that I worked very hard before my accident (went to school full time at night while doing commercial roofing in the day time while I completed a Bachelors degree,which set me up for a good job for someone in a wheelchair) Do I need some sort of special award or congratulations or evenasecret handshake, of course not. What I am saying is that if you want to do something, have something changed, or dont agree with something take charge of your life and get it done. In all reality it boils down to is that everyone is their own boss. If something is unsafe or you do not feel comfortable completing a task then dont do it. Then if someone tells you to still do it, take it up with their supervisor. If that doesnt work, take it up with their supervisor. Then if you get fired after that obviously you were working for some scab company with no morals, and it would probably be a blessing that you did get fired before someone got seriously injured.

  56. ….and if that doesn’t work, take it up with the DOL or OSHA or whatever it takes. Like Nathaniel said you are your own boss. I guess if you want to sit back and blame others then go ahead and do that. Blame the cigarette companies, the fast food companies, the government, the landlord, the healthcare system there is never a shortage of people (or entities) to blame. Has that changed your situation any? The bottom line is, you have to live with yourself. If you don’t like your life, change it. Set the example for your kid.

    <<<>>>>>>

  57. wow the people in this world amaze me with their stupidity and while your all talking about others if your so great then why are you on this site are you that disturbed that all you do all day is talk about others i guess so, and all i was saying is i work in a mans feild and if i have problems and didnt do what i was told to do and i just got fired from the job because i didnt want to do what I THOUGHT was not safe then i would never have a job and MR.PERFECT up above that has to always try to talk about how much better he is than everyone he seems to THINK he is, anyway my point is that in the real world crap doesnt happen like that if you want to work you have to take alot of crap to keep your job and i will do what ever it takes to work just like nowi want to get back to work and i will do whatever it take to get that way i am not like morbidly obese i am over weight and all i was saying is that if getting weight loss surgery would help me get back to the way i was before i got hurt then i would be all for it all i want is to go back to work and i could care less how you all feel about over weight people because in my eyes everyone is the same we are all human an we all need help in some form or fashion and NO ONE has the right to be judging anyone for whatever reason and to the ones doing all the judging your the ones who need the help and your the ones that need help not the other people here

  58. Apathy in Training says:

    Another reason we must “profile” the employees we choose. What happens when a poss work comp claim is less than an EEOC claim. Sounds like it may become cost effective to discriminate….Man what world do we live in. This is a total Joke. Someone get me a ticket outa here!

  59. Please explain to me why we needed healthcare reform so badly. Apparently if you have a job, all injuries and illnesses can be made into workers’ comp claims. I assume my W/C will also be paying for the treatment of mental illness after the employee files a claim for severe depression caused by the supervisor talking to the employee about being physically unfit.

  60. Melissa, it is not a judging situation… I think you feel as if people are talking to you with this comments for a reason. Maybe you can examine your own life and determine if you are and have been responsible for your own life and actions. I am a woman and I had to clean houses while going to college to become the HR director I am now…. Please… follow a good diet not to starve yourself but to learn what to eat..there are plenty of examples in the internet…. exercise, go to school and stop calling other people stupid just becuase in reality that is what you feel about yourself. The more you educate yourself you will be in a much better position to quit a uob whenever people want to step over you or make you do things that are unsafe, unethical… etc…. This country offers more opportunities for people to do something better with their lives than no other. As an immigrant I know that! so if you choice has been to gain more weight than is healthy, weld, and take “crap” as you call it from others…. IT IS NOTHING BUT YOUR OWN CHOICE so stop the whining and change it if you are so missarable.

  61. The employer should want to pay for it … a $25,000 gastric bypass could help avoid multiple 6 figure spinal fusions plus employee can go back to work rather than collect lost time benefits rest of life! To learn more visit http://www.compwel.com

  62. Yea I think they should. The crude comments abt stop on the chow. Well I was injured in 07′ and since have gained weight because of my disability and need weight loss surgery. My weight was normal n etc BEFORE my injury now to help me I need weight loss surgery.

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