Okla. Stat. tit. 85A, § 85A-61
This is the official text of Okla. Stat. tit. 85A, § 85A-61, part of Oklahoma’s Stat. tit. 85A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 85A,." Browse the sections below, each linked to its official government source.
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Hernias
Official statutory 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
Oklahoma Statutes - Title 85A. Workers' Compensation Page 90
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.
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
Oklahoma Statutes - Title 85A. Workers' Compensation Page 90
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.
Status: in_force · Read it on the official government site
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