Braewood Convalescent Hospital v. Workers’ Compensation Appeals Board

Braewood Convalescent Hospital (Braewood) (plaintiff) employed Eugene Bolton as a cook in California. On January 6, 1978, Bolton fell at work and injured his back and elbow. Bolton had been extremely overweight since childhood, and Bolton’s doctors suggested that losing weight would help Bolton recover from his injuries. However, the doctors did not recommend a specific weight-loss program, and Braewood did not offer to pay for a program. Bolton had previously experienced trouble losing weight, so he decided to enroll at a unique and highly regarded residential weight-loss clinic in North Carolina. Bolton participated in the clinic for about 10 months and lost a substantial amount of weight, but he began regaining weight when he returned to California. Bolton filed a workers’-compensation claim seeking reimbursement for his clinic expenses. Bolton also sought temporary disability compensation based on a doctor’s belief that Bolton could not work while participating in the clinic, and he sought payment for future weight-loss treatment based on doctors’ recommendations that continued weight loss would further help Bolton recover from the fall. A workers’-compensation judge awarded benefits, including reimbursement for clinic-related costs incurred by Bolton and expenses for Bolton’s future participation in the clinic. The Workers’ Compensation Appeals Board (WCAB) (defendant) affirmed the judge’s award for Bolton’s past and future treatment and also awarded temporary disability benefits for Bolton’s time at the clinic. Braewood asked the California Supreme Court to annul the WCAB’s decision.