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Welcome to the diamond district every -- at courts shocking folks in Indiana with the rule only get a pizza restaurant small business.
Have to pay for its overweight employees.
Weight loss surgery that Barry ethics surgery -- and it's talking about experts are saying this ruling could set legal precedent.
For how obesity is perceived in this country and could -- -- Health Care Reform debate.
Going on right now.
Joining me in the diamond district today attorneys Rebecca rose woodland and Janet beneath the ladies thank you very much -- for joining us.
-- this particular ruling -- for the of the pizza shop a small business owner the employee got hit.
In the back by a freezer.
In which to workman's comp insurance is our viewers have a little bit of background but the bigger issue here -- the court said.
That in order for him to have that acts.
Surgery he needed to lose weight and then tell the court is forcing the employer Rebecca we'll start with you to pay for the weight loss surgery.
Right now I don't agree with that to meet the employer has agreed to pay for the back surgery that resulted from a door slamming into his back.
Her back on the job -- the employers set up heading into the dispute that absolutely will pay cut back -- and 2530000.
Well now the doctor said well he's so I'll beat the surgery while realizing that -- you have to pay for that to -- Now the employer has to pay for our preexisting condition to remedy this pre existing condition.
How this employer know.
If he weren't obese OK so everyone -- and now there's a possibility that they'll have to cover 25 to 30000 dollars surgery an employer might well what is the difference preexisting condition can't -- what what this leads me to think gets you had.
Had mentioned in the -- pointed to the email to us is that now even maybe it may put.
We have employers think twice about hiring someone -- who's obese knowing that they may have to -- for a lot more of their medical care.
You know if it's actually not that different issue anymore because.
Obesity so we've been connected to health issues diabetes and other and other assorted issues and can't really what this case to go back out -- that.
Gastric bypass surgery -- weight loss surgery -- has been elevated as a medical necessity.
To improve this person's recovery.
That's why it's covered it's not -- annual -- I think -- -- that exact surgery would not -- optimize the recovery I.
Adding -- expect that it's a preexisting conditions of the president has now while I have something else I think I just think -- I obviously don't need the I would never need an obesity surgery what I needed something out of it I think another employer.
Our town back and then being permanently -- high -- -- and and that medical treatment yeah you'd -- yeah.
I mean there is this is my issue with however I certainly deemed medically necessary -- an insurance company could have to cover it under ordinary health insurance what's intriguing here is it rarely is gastric bypass surgery -- Medically necessary.
So it has.
I've never been raised that level in general.
Insurance Leander now -- these legal cases that it's not the first time that clay court has ruled that -- that the company.
Also have to pay for the very after surgery in this -- Health Care Reform debate that we have going on here Rebecca people are saying that look people.
Who are old -- who are overweight.
Have a lot.
-- can't just think health care problem OK drive up the cost a lot more.
Does it make more economic sense for an insurance company to this insurance -- down the line this person is not costing them.
That much more but that's the insurance company let's say health insurance.
We in this instance we've got workers' comp insurance of the employee error put -- picture and -- know it's important difference is important this is why.
The employer is paying into the workers' -- so now they're employed they're gonna have to paying more on money will have to pay more because this person he is not healthy so this for -- be -- -- -- -- I've been married actually did have died okay going to happen -- and but then handed -- everything out every preexisting condition this president is saying.
If you want real quiet because it's only fair and non discrimination if you're gonna -- need to get -- can't quite entertaining but something up in workers.
Com you paid for the recovery and at the recovery isn't successful you didn't -- the permanent disability.
So do you want to -- Have good recovery yeah optimize.
So for the employer.
It is actually good business.
Cents to do what ever it takes to get after -- because it's the worker has zero disability at the end of the back surgery which in all likelihood get a better -- It looked back at -- surgery very analog -- he's better -- and the -- better off and that's a win win.
I think this is going to have a chilling effect on on.
Employee on employers small businesses hiring people who are overweight lady thank you -- very much thank you all right let's talk.
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