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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 85A, § 85A-61: Hernias

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Where this section sits in the code
  1. OK Code
  2. 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

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