One breast implant, not two, covered by workers’ comp

A woman who was involved in a car accident at work is entitled to have workers’ compensation pay for one new breast implant, but not two, according to the North Carolina Court of Appeals.

Penny M. Rumple Richardson claimed that the collision caused her breast implants to become smaller. But the court determined that only her right implant had become smaller
due to the accident; the left one was simply losing size due to “underinflation.”

Therefore, although Richardson received two new implants after the accident, workers’ comp had to pay only for the right one.

The court’s vote was 2-1. The judge who disagreed said that even if only the right breast was affected by the accident, workers’ comp should pay for both because it was important that Richardson’s breasts be “symmetrical and evenly matched.”

The judge noted that Richardson’s post-accident surgery had resulted in “very nice symmetry.”

Source: Richardson v. Maxim Healthcare, N.C. Ct. App. No. COA06-875