
Does OWCP Cover Obesity Related Issues?
The coverage of obesity problems under the OWCP (Office of Workers’ Compensation Programs) can be a complex and nuanced issue. Here’s a breakdown of what you need to know:
Generally, OWCP does not cover obesity itself as a medical condition. This is because obesity is considered a pre-existing condition, meaning it existed before the worker’s employment or injury. OWCP primarily focuses on work-related injuries and illnesses.
However, there are certain situations where obesity might be relevant to an OWCP claim:
- Aggravation of a work-related injury: If a worker’s obesity worsens a work-related injury, such as a back injury making it harder to move and lose weight, OWCP doctors may cover the additional medical expenses related to the worsened condition.
- Specific job requirements: In some rare cases, obesity may be considered a bona fide occupational qualification (BFOQ) if it’s essential for the safe and efficient performance of a specific job duty. For example, a firefighter’s ability to carry heavy equipment might be considered a BFOQ. However, BFOQs are very narrowly defined and rarely apply to cases of obesity where federal workers need to lose weight with semaglutide.
Here are some additional points to consider:
- The burden of proof lies with the worker to demonstrate that their obesity is directly related to a work-related injury or is a BFOQ for their specific job.
- Even if obesity is deemed relevant to an OWCP claim, the coverage might be limited to the specific aspects related to the work injury or BFOQ.
- It’s crucial to consult with an experienced workers’ compensation attorney to understand your specific situation and the potential for coverage under OWCP.
Here are some helpful resources for further information:
- U.S. Department of Labor – Office of Workers’ Compensation Programs: https://www.dol.gov/agencies/owcp
- National Council on Compensation Insurance (NCCI): https://www.ncci.com/
- American Bar Association Workers’ Compensation and Employers’ Liability Law Section: https://www.americanbar.org/groups/tort_trial_insurance_practice/committees/workers_comp/
- InnovA Auction Software: https://innovallc.com/