Truck driver wins medical benefits for weight loss, diabetes treatment
The employer may be liable for medical expenses related to treatment of certain conditions, such as diabetes and cysts, even though such conditions are not related to the claimant's work accident, when the treatment of the condition is reasonably necessary to cure the claimant of the effects of the accident injury.
Case name: Wilson v. Siegles Home & Building, 16ILWCLB 137 (Ill.W.C.Comm.2008).
Wilson, a truck driver, injured his neck at work while lifting a large oak door. He was diagnosed with cervical myelopathy, foraminal stenosis and cord compression. Wilson's doctor attempted to perform a nerve block, but due to Wilson's large size and barrel-chested anatomy, he was unable to visualize the targeted nerve roots. After entering a settlement agreement, the defendant authorized a cervical anterior disc fusion. During the procedure, the doctor was unable to complete the surgery due to an inability to access Wilson's anatomy below his clavicle and sternum.
Wilson's doctor recommended a weight loss plan, a nutritionist to assist him in losing weight and controlling his diabetes, and a second surgery. The defendant again refused authorization. Wilson then developed a pilondial cyst, which required treatment prior to surgery to reduce the risk of infection.
The Illinois Workers' Compensation Commission found the defendant liable for the costs of medical treatment recommended by the treating doctor, including the second surgical procedure, the weight loss and diabetes treatment necessary to proceed with surgery, and the treatment of a pilondial cyst. In awarding such benefits, the Illinois Workers' Compensation Commission explained that the defendant was responsible to authorize and pay medical expenses for the prelimiary treatment of the diabetes and pilondial cyst regardless of whether those conditions were related to the work accident, as the treatment of these conditions was reasonably necessary to cure the Larsen of the effects of the accidentaly injury.
