New Jersey Court OKs Workers’ Compensation in Obesity Death Case

By Josh Lederman | June 30, 2011

  • June 30, 2011 at 1:40 pm
    insurance geek says:
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    Really??? what about the OB/GYN that prescribed birth control pills to a 47 year old, obese woman with an enlarged heart?!?!? one of the side effects on the insert included with birth control pills states there is a greatly increased risk of blood clots if you take the pills after the age of 35. I am no doctor and even my judgement would not allow me to prescribe “the pill” to this lady.

    Just another WTF moment in the great State of New Jersey….

  • June 30, 2011 at 1:46 pm
    TxLady says:
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    Wow!

  • June 30, 2011 at 1:50 pm
    TxLady says:
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    Meant to say more on that one. What a ridiculous crock of crap! I see a suit coming up against the BC pill manufacturer and the Dr who prescribed it and anywhere else this husband can manage to squeeze a penny.

  • June 30, 2011 at 1:54 pm
    Rosie says:
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    About time the evil corporations paid for making us fat and having us work long hours for minimal pay. These people should get double the amount the court awarded.

    • June 30, 2011 at 1:57 pm
      CtLady says:
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      Ok…I can’t tell if you’re kidding or actually serious with what you wrote, Rosie…let’s hope it’s the latter…

    • June 30, 2011 at 2:11 pm
      Jimmy says:
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      Ms. O’Donnell,

      If you’re fat and think it’s because of your job, get another job.

    • June 30, 2011 at 2:16 pm
      Thomas says:
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      Thanks for the levity, Rosie! It appears a few people missed the sarcasm.

  • June 30, 2011 at 2:03 pm
    reality bites says:
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    I dunno. I think the fat slob’s husband SHOULD get some sort of compensation. Imagine that – he has a 300 lb late-middle-aged workaholic wife who he’s still physically attracted to, enough so that they have frequent Whoopie Time to the point where she has to get The Pill? How cool is that? Forget the loss of consortium – he deserves a sympathy payment! She probably didn’t have a regular visitor each month in her shape and age anyhow – she could have been pregnot for YEARS.

    (thank goodness I’m just an old skinny albino)

  • June 30, 2011 at 2:07 pm
    Could there be any other outcome? says:
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    Being 300lbs had nothing to do with it and is therefore compensable. (this is a joke, just like NJ)

  • June 30, 2011 at 5:09 pm
    It happened at work says:
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    Why didn’t AT&T just suck it up and pay the bloody claim? Thought that’s what Workers Comp was designed to do.

  • July 1, 2011 at 1:36 pm
    just saying says:
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    To “It happened at work says”

    There are two prongs to determining if an injury/incident at work is compensable. First prong…did it occur at work? In this case, clearly the answer is Yes. Second prong…did it ARISE out of work? Meaning did her work cause the accident or condition. IN this case, that is not a clear answer. Having handled WC claims for over 27 years, I would have denied the case also, based on the facts given. Just because it happened at work does automatically make it a compensable claim. That is why AT&T did not just “suck it up and pay the bloody claim.”

  • July 14, 2011 at 3:04 pm
    OK Lawyer says:
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    why didn’t at&t try and settle? what idiots!

  • July 18, 2011 at 10:21 am
    CLA says:
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    So, you can’t fire someone for being obese, you can’t discriminate when hiring because someone is obese or has health issues, and does anybody really think this lady would have used a treadmill if AT&T would have bought one and put it in her house for her? Do you really think she would have taken breaks and gotten up and moved around every few hours? No. Of course I feel sorry for the situation, but WC was not designed for this type of “injury”. 40 hours working a week at a desk v/s 536 hours available to improve your health, eat right, exercise, etc . . . . There needs to be a better way than to penalize employers for the poor personal choices made by their employees.



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