Discuss fertility treatments

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Reference no: EM133673016

Question

Jan and Wally were unable to become pregnant after ten years of marriage. The couple met with physicians to discuss fertility treatments. They executed a consent form outlining the terms of their participation in the In Vitro Fertilization (IVF) and Embryo Transfer Program. Physicians successfully produced embryos using Ann's eggs and Wally's sperm. The embryos were frozen. Six months later Wally was killed while in the course and scope of his employment. The accident was accepted as compensable by the employer and its workers' compensation carrier and benefits were paid to Ann. Eleven months after her husband's death, Ann had two of the frozen embryos thawed and implanted into her uterus. A pregnancy was confirmed and Ann subsequently gave birth to a son. Thereafter, Ann filed for workers' compensation benefits contending that the son was the dependent child of Wally and was entitled to weekly compensation benefits. If you were counsel to the employer what would be your strongest (and probably least contentious) line of argument against the claim?

Reference no: EM133673016

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