Tennessee Code Annotated
Tenn. Code Ann. § 50-6-212 (2026)
Hernia or rupture
✓ current as of May 2026
- (a) In all claims for compensation for hernia or rupture, resulting from injury by accident arising primarily out of and in the course and scope of the employee's employment, it must be definitely proven to the satisfaction of the court that:
- (1) There was an injury resulting in hernia or rupture;
- (2) The hernia or rupture appeared suddenly;
- (3) It was accompanied by pain;
- (4) The hernia or rupture immediately followed the accident; and
- (5) The hernia or rupture did not exist prior to the accident for which compensation is claimed.
- (b) All hernia or rupture, inguinal, femoral or otherwise, so proven to be the result of an injury by accident arising primarily out of and in the course and scope of the employment, shall be treated in a surgical manner by a radical operation. If death results from the operation, the death shall be considered as the result of the injury, and compensation paid in accordance with this chapter.
- (c)
- (1) In case the injured employee refuses to undergo the radical operation for the cure of the hernia or rupture, no compensation will be allowed during the time the refusal continues.
- (2) If, however, it is shown that the employee has some chronic disease, or is otherwise in such physical condition that the court finds it unsafe for the employee to undergo the operation, the employee shall be paid compensation in accordance with this chapter.
Acts 1941, ch. 90, § 10; C. Supp. 1950, § 6892.1 (Williams, § 6892a); T.C.A. (orig. ed.), § 50-1009; Acts 2013, ch. 289, §§ 57, 58.
Notes of Decisions
Cited in 31
cases (2 in the last 5 years), 1989–2025 · leading case: Capps v. Goodlark Med. Ctr., Inc., 804 S.W.2d 887 (Tenn. 1991).
Capps v. Goodlark Med. Ctr., Inc., 804 S.W.2d 887 (Tenn. 1991). “In this workers’ compensation appeal, we are asked to apply T.C.A. § 50-6-212(a), the so-called “hernia statute,” to a unique set of facts involving the development of a work-related hernia at the site of a prior surgical incision.”
Mannery v. Wal-mart Distrib. Ctr., 69 S.W.3d 193 (Tenn. 2002). “Governing Statute Tennessee Code Annotated section 50-6-212(a) governs the recovery of workers’ compensation benefits for hernias and provides as follows: *195 (a) In all claims for compensation for hernias or rupture, resulting from injury by accident arising out of and in the…”
Cook v. Great West Cas. Co., 779 S.W.2d 365 (Tenn. 1989). “The July 1, 1981, hernia had occurred under circumstances meeting all of the criteria of the hernia statute, T.C.A. § 50-6-212. The employee was able to continue to work for several months after the accidental injury, but in February 1982 *366 it was necessary for him to undergo…”
Long, Anthony v. Hamilton-Ryker, 2015 TN WC App. 21 (Tenn. Work. Comp. App. Bd. 2015). “Tenn. Code Ann. § 50-6-212 (a) (2014). The trial court, after analyzing each requirement of the statute, found that Employee presented sufficient information to satisfy the court that he would likely succeed at a trial on the merits.”
Jones, Betsy A. v. Dollar Gen., 2017 TN WC 149 (Tenn. Ct. Work. Comp. Cl. 2017). “Tenn. Code Ann. § 50-6-212 (a) (2016). Analysis The reason for the strict requirements of section 50-6-212(a) is “to remove the issue [of what is a compensable hernia] as far as possible from the field of conjecture and speculation.”
Cardaciotto, David v. FEDEX Off., 2015 TN WC 42 (Tenn. Ct. Work. Comp. Cl. 2015). “Tenn. Code Ann. § 50-6-212 (a)-(b) (2014).”
Leon, Victor v. Bimbo Bakeries, Inc., 2025 TN WC App. 3 (Tenn. Work. Comp. App. Bd. 2025). “Tenn. Code Ann. § 50-6-212 (a)(1)-(5). Thus, Employee must do more than show that the hernia did not exist prior to May 2022 when he began his employment with Employer.”
King, Joshua T. v. Compass Hearing & Air, 2016 TN WC 233 (Tenn. Ct. Work. Comp. Cl. 2016). “Tenn. Code Ann. § 50-6-212 (a) (2015). Here, King testified, while lifting a unit into an attic, he experienced immediate pain in his left groin area and developed a bulge, which the emergency room attending physician diagnosed as an acute inguinal hernia.”
Long, Anthony v. Hamilton-Ryker, 2015 TN WC 73 (Tenn. Ct. Work. Comp. Cl. 2015). “In all claims for compensation for hernia or rupture, Tennessee Code Annotated section 50-6-212 provides that "it must be definitely proven to the satisfaction of the court that": (1) There was an injury resulting in hernia or rupture; (2) The hernia or rupture appeared…”
Perrault, Katherine v. Gem Care, Inc., 2015 TN WC App. 41 (Tenn. Work. Comp. App. Bd. 2015). “Tenn. Code Ann. § 50-6-212 (a) (2014). Moreover, unlike hernia claims which arose prior to July 1, 2014, the hernia must arise ''primarily out of and in the course and scope ofthe employee's employment.”
Li, Yongan v. HTI Tech. & Indus., LLC, 2017 TN WC 3 (Tenn. Ct. Work. Comp. Cl. 2017). “Tenn. Code Ann. § 50-6-212 (a) (2016). Moreover, any hernia meeting the above criteria must arise “primarily out of and in the course and scope of the employment.”
Jones, Betsy v. Dollar Gen., 2017 TN WC App. 55 (Tenn. Work. Comp. App. Bd. 2017). “Following the hearing, the trial court concluded Employee was likely to prevail in establishing the five statutory elements of a compensable hernia as set out in Tennessee Code Annotated section 50-6-212 (2016) and ordered medical benefits.”
— Tenn. Code Ann. § 50-6-212(a) — 11 cases
Capps v. Goodlark Med. Ctr., Inc., 804 S.W.2d 887 (Tenn. 1991). “In this workers’ compensation appeal, we are asked to apply T.C.A. § 50-6-212(a), the so-called “hernia statute,” to a unique set of facts involving the development of a work-related hernia at the site of a prior surgical incision.”
Mannery v. Wal-mart Distrib. Ctr., 69 S.W.3d 193 (Tenn. 2002). “Governing Statute Tennessee Code Annotated section 50-6-212(a) governs the recovery of workers’ compensation benefits for hernias and provides as follows: *195 (a) In all claims for compensation for hernias or rupture, resulting from injury by accident arising out of and in the…”
Cook v. Great West Cas. Co., 779 S.W.2d 365 (Tenn. 1989). “The July 1, 1981, hernia had occurred under circumstances meeting all of the criteria of the hernia statute, T.C.A. § 50-6-212. The employee was able to continue to work for several months after the accidental injury, but in February 1982 *366 it was necessary for him to undergo…”
Cardaciotto, David v. FEDEX Off., 2015 TN WC 42 (Tenn. Ct. Work. Comp. Cl. 2015). “Tenn. Code Ann. § 50-6-212 (a)-(b) (2014).”
Long, Anthony v. Hamilton-Ryker, 2015 TN WC 73 (Tenn. Ct. Work. Comp. Cl. 2015). “In all claims for compensation for hernia or rupture, Tennessee Code Annotated section 50-6-212 provides that "it must be definitely proven to the satisfaction of the court that": (1) There was an injury resulting in hernia or rupture; (2) The hernia or rupture appeared…”
— Tenn. Code Ann. § 50-6-212(a)(1) — 1 case
Cardaciotto, David v. FEDEX Off., 2015 TN WC 42 (Tenn. Ct. Work. Comp. Cl. 2015). “Tenn. Code Ann. § 50-6-212 (a)-(b) (2014).”
— Tenn. Code Ann. § 50-6-212(a)(2) — 1 case
Long, Anthony v. Hamilton-Ryker, 2015 TN WC App. 21 (Tenn. Work. Comp. App. Bd. 2015). “Tenn. Code Ann. § 50-6-212 (a) (2014). The trial court, after analyzing each requirement of the statute, found that Employee presented sufficient information to satisfy the court that he would likely succeed at a trial on the merits.”
— Tenn. Code Ann. § 50-6-212(a)(3) — 2 cases
Long, Anthony v. Hamilton-Ryker, 2015 TN WC App. 21 (Tenn. Work. Comp. App. Bd. 2015). “Tenn. Code Ann. § 50-6-212 (a) (2014). The trial court, after analyzing each requirement of the statute, found that Employee presented sufficient information to satisfy the court that he would likely succeed at a trial on the merits.”
Jones, Betsy A. v. Dollar Gen., 2017 TN WC 149 (Tenn. Ct. Work. Comp. Cl. 2017). “Tenn. Code Ann. § 50-6-212 (a) (2016). Analysis The reason for the strict requirements of section 50-6-212(a) is “to remove the issue [of what is a compensable hernia] as far as possible from the field of conjecture and speculation.”
— Tenn. Code Ann. § 50-6-212(a)(4) — 1 case
Long, Anthony v. Hamilton-Ryker, 2015 TN WC App. 21 (Tenn. Work. Comp. App. Bd. 2015). “Tenn. Code Ann. § 50-6-212 (a) (2014). The trial court, after analyzing each requirement of the statute, found that Employee presented sufficient information to satisfy the court that he would likely succeed at a trial on the merits.”
— Tenn. Code Ann. § 50-6-212(a)(5) — 3 cases
Mannery v. Wal-mart Distrib. Ctr., 69 S.W.3d 193 (Tenn. 2002). “Governing Statute Tennessee Code Annotated section 50-6-212(a) governs the recovery of workers’ compensation benefits for hernias and provides as follows: *195 (a) In all claims for compensation for hernias or rupture, resulting from injury by accident arising out of and in the…”
Capps v. Goodlark Med. Ctr., Inc., 804 S.W.2d 887 (Tenn. 1991). “In this workers’ compensation appeal, we are asked to apply T.C.A. § 50-6-212(a), the so-called “hernia statute,” to a unique set of facts involving the development of a work-related hernia at the site of a prior surgical incision.”
Cook v. Great West Cas. Co., 779 S.W.2d 365 (Tenn. 1989). “The July 1, 1981, hernia had occurred under circumstances meeting all of the criteria of the hernia statute, T.C.A. § 50-6-212. The employee was able to continue to work for several months after the accidental injury, but in February 1982 *366 it was necessary for him to undergo…”
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