Obesity is a national epidemic. It contributes substantially to indemnity and medical costs in workers compensation cases. Now insurers can find some relief in New Hampshire, Massachusetts, Louisiana and Nevada by filing for recovery from the Second Injury Fund when serious obesity is present.
In May of 2014, IRG successfully argued and established legal precedent in the case Kevin O’Meara v. Retention and Operations Group. In this case, IRG argued that the American Medical Association’s new interpretation of the definition of obesity, that it is indeed a disease and not solely a diet issue, would qualify this condition as a prior, permanent impairment and therefore recoverable from the Second Injury Fund.
If you have any questions involving a claim in which the injured worker suffers from obesity, please refer the matter to IRG for a free consultation to discuss the potential recovery from the Fund.