Oklahoma § 85A-61 Hernias.

Oklahoma Statutes

§ 85A-61 — Hernias.

Oklahoma·Title 85A Workers' Compensation

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.

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