Obesity and Chronic Health Conditions: Impact on WC Claims and Workplace Accommodations for Industrial and Non-Industrial Conditions
Please note: While this webcast is open to all EIA members, some of the Eyres Law Group Services are available only to members of the PWC and/or GLl programs.
Managing workplace accommodations following an injury or acute illness is challenging. Dealing with these issues for employees with chronic conditions is even harder. Chronic illnesses are generally defined as those lasting a year or longer and can include inflammatory joint disease, heart disease, diabetes, respiratory ailments, recurring allergies, environmental sensitivities, episodic anxiety, and more. According to the CDC, 40% percent of U.S. workers have at least one chronic ailment, and another 20% have two or more. This webcast will help you deal with these increasingly risky situations.
Conditions such as chronic pain, inflammatory joint disease, chemical dependencies or other ramifications from injuries or treatment, are impacting both industrial claims and non-industrial situations. Obesity is one of the newest “diseases,” identified by the American Medical Association that has significant impact on both work-related injuries/recovery and non occupational conditions. In 2014, the U.S. adult obesity rate was at 27.7%, up from the 27.1% average in 2013. In fact, more than one-third of adults in the U.S. are considered obese. Obesity and related medical conditions (hypertension, diabetes, sleep apnea, acid reflux, degenerative joint disease and more) have profound impact on return to work and stay at work decisions.
An analysis conducted by the California Workers’ Compensation Institute outlines some of the possible impacts the AMA decision to classify obesity as a disease could have on the WC system. It states that “the AMA’s reclassification of obesity as a disease may prompt an increase in claims involving obesity as a co-morbidity, a compensable consequence of injury, or in some situations, a primary diagnosis, which could be costly.”
On top of that, obesity is fast becoming a source of disability discrimination lawsuits. The EEOC recently determined that obesity by itself—even without associated medical conditions--is considered a disability under the broad definitions in the expanded ADA Amendments Act of 2008, and we are just seeing a trend in litigation results that began in 2009. Likewise, obesity by itself and with associated medical conditions limits major life activities and likely fall within the definition of disability under California FEHA. Employers must follow legal standards for considering workplace accommodations before taking an adverse action against an individual where obesity and chronic conditions may be a factor. On the other hand, frontline leaders must take care not to “regard” an employee as disabled simply because he or she is overweight.
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Need More Info or Help?
We hope you can join us. Feel free to contact Maria Blanco for more details.
Phone: 916-850-7300
Email: mblanco@csac-eia.org
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