A federal appeals court recently dealt with the following question: “Can the side effects of prescription medications qualify as disabilities all by themselves?” According to the case of Sulima v. Tobyhanna Army Depot et al, the answer is “yes.”
A civilian employee at the Tobyhanna Army Depot in Pennsylvania was deemed to have sleep apnea. According to his doctors, it was likely caused by his obesity. In order to assist him in losing weight, and decrease the symptoms of the sleep disorder, the man was prescribed a medication “bind” a portion of the fat in his diet. Unfortunately, a side effect of the medication caused the individual to frequently go to the rest room.
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According to court papers, the man spent two hours one day in the bathroom. Over time, the man was laid off. He then sued, claiming he’d been terminated due to his disability — the side effects of the prescribed weight-loss meds. The court was then charged with deciding if the man’s bathroom difficulties due to his weight loss medicine was covered under the Americans with Disabilities Act (ADA).
The judge ruled no — but only due to the fact the employee had the choice to ask his doctor to change his meds. Otherwise, the judge also ruled side effects from medication and medical treatments could qualify as disabilities.
Due to the fact the man had other options for treatment, his prescription didn’t fall under the umbrella of “required in the prudent judgment of the medical profession,” according to the court.
Author Rebecca Shafer, Consultant/Attorney, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: RShafer@ReduceYourWorkersComp.com or 860-553-6604.
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