Okla. Stat. tit. 85A, § 85A-61: Hernias
Where this section sits in the code
- OK Code
- Title 85A
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.
Collected 2026-09-14T18:32:36Z. Source file · JSON