All hernias are considered injuries within the provisions of this chapter causing incapacitating conditions or permanent disability, and until otherwise ordered by the commission, the following rules for rating hernias shall govern:
1. Real traumatic hernia is an injury to the abdominal wall of sufficient severity to puncture or tear asunder the wall, and permit the exposure or protrusion of the abdominal viscera or some part thereof. Such injury will be compensated as a temporary total disability and as a partial permanent disability, depending upon the lessening of the injured individual's earning capacity.
2. All other hernias, whenever occurring or discovered and whatsoever the cause, except as under paragraph 1 of this section, are considered diseases causing incapacitating conditions or permanent partial disability, but the permanent partial disability and the causes thereof are considered to be as shown by medical facts to have either existed from birth, to have been years in formation, or both, and are not compensatory, unless it is proved:
(a) That the immediate cause, which calls attention to the presence of the hernia, was a sudden effort or severe strain or blow received while in the course of employment.
(b) That the descent of the hernia occurred immediately following the cause.
(c) That the cause was accompanied or immediately followed by severe pain in the hernial region.
(d) That the facts in subdivisions (a), (b) and (c) of this paragraph were of such severity that they were noticed by the claimant and communicated immediately to one or more persons.
If the facts in subdivisions (a), (b), (c) and (d) of this paragraph are proven, the hernias are considered to be aggravations of previous ailments or diseases, and will be compensated as such for time lost only to a limited extent, depending upon the nature of the proof submitted and the result of the local medical examination, but for not to exceed two months. Hernias of every kind shall be compensated pursuant to this paragraph unless the claimant proves to the satisfaction of the commission by a preponderance of the evidence that the hernia is a real traumatic hernia as defined in paragraph 1.
Notes of Decisions
Ortega v. Indus. Comm'n, 592 P.2d 388 (Ariz. Ct. App. 1979).
· cites it 11× “His arguments are: (1) Since the latest hernia was found to be a class one hernia under A.R.S. § 23-1043, there is a statutory presumption of partial permanent disability, and (2) he has established by evidence a permanent disability attributable to the hernia.”
Superlite Builders & Ins. Co. of North Am. v. Indus. Comm'n, 612 P.2d 507 (Ariz. Ct. App. 1980).
· cites it 19× “Hernias classified for compensation purposes “All hernias are considered injuries within the provisions of this chapter causing incapacitating conditions or permanent disability, and until otherwise ordered by the commission, the following rules for rating hernias shall govern:…”
Gallardo v. Indus. Comm'n, 494 P.2d 391 (Ariz. Ct. App. 1972).
· cites it 9× “There is no contention that these are “real traumatic hernias” and therefore compensable under A.R.S. § 23-1043, subsec. 1. Both of these hernias were surgically repaired and petitioner was released for work on February 16, 1970.”
Hanley v. Indus. Comm'n, 767 P.2d 1193 (Ariz. Ct. App. 1989).
· cites it 11× “See generally A.R.S. § 23-1043. 1 Two issues are presented for review: *405 (1) whether the administrative law judge correctly classified claimant’s hernia;' and, if so, (2) whether the two-month limitation on disability benefits applies to complications of a nontraumatic hernia.”
Figueroa v. Indus. Comm'n, 543 P.2d 785 (Ariz. 1975).
· cites it 9× “On January 15, 1973, medical benefits were terminated for petitioner’s second injury and thereafter petitioner timely requested a rehearing, claiming compensation under A.R.S. § 23-1043, infra. Finally petitioner developed a third hernia at or near the site of the other hernias.”
Morris v. Indus. Comm'n, 414 P.2d 996 (Ariz. Ct. App. 1966).
· cites it 3× “This found that claimant suffered a personal injury by accident arising out of and in the course of his employment 7 June, 1964, but that “said applicant’s claim does not conform to the hernia statute”, A.R.S. 23-1043. A hearing was held at the request of claimant at Superior,…”
Bliven v. Indus. Comm'n, 535 P.2d 1309 (Ariz. Ct. App. 1975).
· cites it 9× “Hernias are specifically classified for purposes of workmen’s compensation by A.R.S. § 23-1043. Dr. Ganzer’s testimony clearly shows Bliven’s hernias were of the kind set out in A.”
Figueroa v. Indus. Comm'n, 529 P.2d 1188 (Ariz. Ct. App. 1974).
· cites it 32× “The parties agree that A.R.S. § 23-1043 1 governs the compensation issue presented herein.”
Superstition Constr. v. Indus. Comm'n, 678 P.2d 522 (Ariz. Ct. App. 1984).
· cites it 5× “The central issue is whether the evidence satisfied the special compensability requirements of A.R.S. § 23-1043(2). We conclude that these requirements were satisfied, and therefore affirm the award.”
Boggs v. Indus. Comm'n, 455 P.2d 467 (Ariz. Ct. App. 1969).
· cites it 4× “2d 462 (1966) this Court found present a combination of factors which converted the hernia situation from the statutory maximum of 60 days compensation (A.R.S. § 23-1043) to an unscheduled disability.”
Sandoval v. Indus. Comm'n, 415 P.2d 463 (Ariz. Ct. App. 1966).
“On June 4, 1965, the Commission adopted the report and issued its final award finding that the accident of August 23, 1964 did not cause either of the petitioner’s hernias and denied responsibility for them. The petitioner thereupon filed this application for Writ of Certiorari…”
— Ariz. Rev. Stat. § 23-1043(1) — 3 cases
Ortega v. Indus. Comm'n, 592 P.2d 388 (Ariz. Ct. App. 1979).
“His arguments are: (1) Since the latest hernia was found to be a class one hernia under A.R.S. § 23-1043, there is a statutory presumption of partial permanent disability, and (2) he has established by evidence a permanent disability attributable to the hernia.”
Superlite Builders & Ins. Co. of North Am. v. Indus. Comm'n, 612 P.2d 507 (Ariz. Ct. App. 1980).
“Hernias classified for compensation purposes “All hernias are considered injuries within the provisions of this chapter causing incapacitating conditions or permanent disability, and until otherwise ordered by the commission, the following rules for rating hernias shall govern:…”
Figueroa v. Indus. Comm'n, 529 P.2d 1188 (Ariz. Ct. App. 1974).
“The parties agree that A.R.S. § 23-1043 1 governs the compensation issue presented herein.”
— Ariz. Rev. Stat. § 23-1043(2) — 9 cases
Superlite Builders & Ins. Co. of North Am. v. Indus. Comm'n, 612 P.2d 507 (Ariz. Ct. App. 1980).
“Hernias classified for compensation purposes “All hernias are considered injuries within the provisions of this chapter causing incapacitating conditions or permanent disability, and until otherwise ordered by the commission, the following rules for rating hernias shall govern:…”
Hanley v. Indus. Comm'n, 767 P.2d 1193 (Ariz. Ct. App. 1989).
“See generally A.R.S. § 23-1043. 1 Two issues are presented for review: *405 (1) whether the administrative law judge correctly classified claimant’s hernia;' and, if so, (2) whether the two-month limitation on disability benefits applies to complications of a nontraumatic hernia.”
Superstition Constr. v. Indus. Comm'n, 678 P.2d 522 (Ariz. Ct. App. 1984).
“The central issue is whether the evidence satisfied the special compensability requirements of A.R.S. § 23-1043(2). We conclude that these requirements were satisfied, and therefore affirm the award.”
Bliven v. Indus. Comm'n, 535 P.2d 1309 (Ariz. Ct. App. 1975).
“Hernias are specifically classified for purposes of workmen’s compensation by A.R.S. § 23-1043. Dr. Ganzer’s testimony clearly shows Bliven’s hernias were of the kind set out in A.”
— Ariz. Rev. Stat. § 23-1043(2)(a) — 1 case
Figueroa v. Indus. Comm'n, 529 P.2d 1188 (Ariz. Ct. App. 1974).
“The parties agree that A.R.S. § 23-1043 1 governs the compensation issue presented herein.”
— Ariz. Rev. Stat. § 23-1043(2)(c) — 1 case
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