Karlton A. Brown v. Steego Auto Parts and Liberty Mutual Insurance Company

Brown appeals from a final order of the judge of compensation claims (JCC) denying certain benefits. Claimant asserts that the JCC erred in denying claimant's request that a weight-loss program be awarded as a medical benefit. We agree and reverse. The claimant was injured in a compensable accident on November 26, 1985. The case was settled, leaving open the claimant's right to medical care. The claimant has been under the care of Dr. Gelety, a neurosurgeon, since December 2, 1985, with respect to back problems associated with the accident. Dr. Heffner, an internist, has been treating claimant for diabetes since before the industrial accident. (Claimant had a weight problem prior to the accident and had tried several weight-loss programs unsuccessfully). At the time of the hearing on his request for the award of a weight-loss program, claimant weighed 278 pounds. The testimony of both Dr. Gelety and Dr. Heffner was presented on the issue of the medical necessity of the weight-loss program.