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. Added by Laws 2013, c. 208, § 61, eff. Feb. 1, 2014.
Notes of Decisions
Southon v. Oklahoma Tire Recyclers, LLC, 443 P.3d 566 (Okla. 2019).
“Using his own injury as an example, the employee argued that six weeks of temporary total disability benefits was insufficient to compensate injured workers and that such a temporal restriction on damages was an arbitrary limitation not rationally related to any legitimate state…”
Southon v. Oklahoma Tire Recyclers, LLC, 2019 OK 37 (Okla. 2019).
“Although the employee's injury persisted, his temporary total disability benefits were capped according to the six-week limitation of 85A O.S.Supp. 2013 § 61. Id. ¶ 6, 404 P.3d at 866.”
Houck v. Oklahoma City Pub. Schs., 2023 OK CIV APP 27 (Okla. Civ. App. 2023).
· cites it 10× “The ALJ denied Claimant's request for disfigurement benefits, finding that disfigurement benefits are not authorized by 85A O.S.Supp.2014, § 61 BACKGROUND ¶2 The facts are undisputed.”
Houck v. Oklahoma City Pub. Schs., 2023 OK CIV APP 27 (Okla. Civ. App. 2023).
· cites it 10× “2 Employer did not contest the injury and Claimant received, pursuant to 85A O.S. § 61, medical treatment for the hernia and six (6) weeks of temporary total disability (TTD).”
Okla. Stat. tit. 85A, § 61(B)(1): 1 case
Houck v. Oklahoma City Pub. Schs., 2023 OK CIV APP 27 (Okla. Civ. App. 2023).
“2 Employer did not contest the injury and Claimant received, pursuant to 85A O.S. § 61, medical treatment for the hernia and six (6) weeks of temporary total disability (TTD).”
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