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§ 61. Hernias

Oklahoma Statutes AnnotatedTitle 85A. Workers’ Compensation

Oklahoma Statutes Annotated
Title 85a. Workers' Compensation
Chapter 1. Administrative Workers' Compensation Act
85A Okl.St.Ann. § 61
§ 61. Hernias
Currentness
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.

Credits

Laws 2013, c. 208, § 61, eff. Feb. 1, 2014.
85A Okl. St. Ann. § 61, OK ST T. 85A § 61
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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