SEC. 71-3-23. Hernia.
In all cases of claim for hernia, it shall be shown by a preponderance of the evidence:
(a) That the descent or protrusion of the hernia or rupture immediately followed as the result of sudden effort, severe strain, or the application of force to the abdominal wall;
(b) That there was severe pain in the region of the hernia or rupture;
(c) That there has been no descent or protrusion of the hernia or rupture prior to the accident for which compensation is claimed;
(d) That the physical distress resulting from the descent or protrusion of the hernia or rupture was noticed immediately by claimant, and communicated to his employer within a reasonable time; and
(e) That the physical distress following the descent or protrusion of the hernia or rupture was such as to require the attendance of a licensed physician or surgeon within five (5) days after the injury for which compensation is claimed. Postoperative hernias shall be considered as original hernias.
In every case of hernia or rupture as above defined, it shall be the duty of the employer forthwith to provide the necessary and proper medical, surgical, and hospital care and attention to effectuate a cure by radical operation of said hernia or rupture, and to pay compensation under the provisions of paragraph (b) of section 71-3-17, not exceeding, however, a period of twenty-six (26) weeks.
In case the employee shall refuse to permit such operation, it shall be the duty of the employer to provide all necessary first aid, medical and hospital care and services, to supply the proper and necessary truss or other mechanical appliance to enable said employee to resume work, and shall further pay compensation under the provisions of paragraph (b) of section 71-3-17, not exceeding, however, the period of thirteen (13) weeks.
In case death results within a period of one year, either from the hernia or rupture or from the radical operation thereof, compensation shall be paid the dependents as provided in other death cases under this chapter.
SOURCES: Codes, 1942, Sec. 6998-12; Laws, 1948, ch. 354, Sec. 8f; 1950, ch. 412, Sec. 6; 1958, ch. 454, Sec. 3; 1960, ch. 280; reenacted without change, 1982, ch. 473, Sec. 12; reenacted without change, 1990, ch. 405, Sec. 12, eff from and after July 1, 1990.