Legal Question in Workers Comp in California

Over weight with back problem; who pays for gastric bypass

500 + pound individual with on the job back injury; MRI impossible due to size, MD wants workers comp to pay for gastric bypass to enable MRI; individual is HIGH risk (blood pressure, diabetes, heart problems etc). Is this REASONABLE?


Asked on 1/23/04, 2:57 pm

1 Answer from Attorneys

Damian Nolan Law Offices of Damian M. Nolan

Re: Over weight with back problem; who pays for gastric bypass

The advice you are seeking appears, on the face of it, to be a medical question. Therefore, you should properly pose the question to a qualified physician. Regarding who pays for such a procedure, the facts of the case and your medical condition together with your treating doctor's opinion will probably determine the outcome and unfortunately, a simple answer is not available. You have not indicatd when was the date of injury and/or if you are currently represented by an attorney. As you may know, the Workers' Compensation field is currently under very severe attack by our new Governor to such extent that your benefits, your doctor's presumptions and your medical treatment is placed in great jeopardy. It would behoove you to seek assistance of counsel in order to protect your rights. Good luck to you.

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Answered on 1/25/04, 7:58 pm


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