Oregon Rules that Weight-Loss Surgery Must be Covered by Workers’ Comp

August 28, 2009

In 1976, a man working in an Oregon bakery injured his knee on the job. He was fine for a time, but a few years later, doctors recommend that he have a major knee surgery. His employers’ compensation insurance covered the cost of the surgery. However, since the surgery, the man has gained weight, which has put a great deal of stress on his already weak leg. Because of the stress, he has even developed arthritis.

Now, surgeons are telling the man that he needs to have a gastric bypass surgery, so that he can reduce the strain that his own weight puts onto his injured knee. Such procedures are generally not covered by workers’ compensation insurance and, in fact, many are not even covered by standard medical insurance. However, because it was directly related to his knee injury, the Oregon Supreme Court ruled that his employer must use its insurance to cover the expense.