§ 42-9-40. Compensation for hernia.

158 words·~1 min read·/sc/title-42-workers-compensation/chapter-9/compensation-and-payment/42-9-40·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In all claims for compensation for hernia or rupture, resulting from injury by accident arising out of and in the course of the employee's employment, it must be definitely proven to the satisfaction of the commission 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 an accident; and

(5)the hernia or rupture did not exist prior to the accident for which compensation is claimed.

All hernia or rupture, inguinal, femoral or otherwise, so proven to be the result of an injury by accident arising out of and in the course of the employment shall be treated in a surgical manner by a radical operation. If death results from such operation, the death shall be considered as a result of the injury and compensation paid in accordance with the provisions of