Oklahoma § 85A-61 Hernias.

Oklahoma Statutes

§ 85A-61 — Hernias.

Oklahoma § 85A-61

Title 85AWorkers' Compensation

This text of Oklahoma § 85A-61 (Hernias.) is published on Counsel Stack Legal Research, covering Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Okla. Stat. tit. 85A, § 85A-61 (2026).

Text

A.A hernia is not a compensable injury unless the injured employee can prove by a preponderance of the evidence that it meets the definition of "compensable injury" under this act and: 1. The occurrence of the hernia followed as the result of sudden effort, severe strain, or the application of force directly to the abdominal wall; 2. There was severe pain in the hernial region; 3. The pain caused the employee's work to be substantially affected; 4. Notice of the occurrence was given to the employer within five (5) days thereafter; and 5. The physical distress following the occurrence of the hernia was such as to require the attendance of a licensed physician. B.

1.Notwithstanding the provisions of Section 45 of this act, if it is determined that a hernia is a compensable injury under sub

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A. A hernia is not a compensable injury unless the injured employee can prove by a preponderance of the evidence that it meets the definition of "compensable injury" under this act and: 1. The occurrence of the hernia followed as the result of sudden effort, severe strain, or the application of force directly to the abdominal wall; 2. There was severe pain in the hernial region; 3. The pain caused the employee's work to be substantially affected; 4. Notice of the occurrence was given to the employer within five (5) days thereafter; and 5. The physical distress following the occurrence of the hernia was such as to require the attendance of a licensed physician. B. 1. Notwithstanding the provisions of Section 45 of this act, if it is determined that a hernia is a compensable injury under subsection A of this section, the injured employee shall be entitled to temporary total disability for six (6) weeks. 2. If the injured employee refuses to permit the hernia operation if recommended by a physician, he or she shall be entitled to temporary total disability for thirteen (13) weeks in addition to appropriate medical care. C. If the injured employee dies within one (1) year as a direct and sole result of the hernia or a radical operation of the hernia, the deceased employee's dependents shall be entitled to death compensation under Section 48 of this act.