Tennessee § 50-6-212 - Hernia or rupture.

§ 50-6-212. Hernia or rupture.

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: There was an injury resulting in hernia or rupture; The hernia or rupture appeared suddenly; It was accompanied by pain; The hernia or rupture immediately followed the accident; and 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 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. 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. 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. Compiler's Notes. Acts 2013, ch. 289, § 103 provided that the act, which amended this section, shall be known and may be cited as the “Workers' Compensation Reform Act of 2013.” Amendments. The 2013 amendment, effective July 1, 2014, inserted “primarily” and “and scope” to the first sentence of (a) and the first sentence of (b). Effective Dates. Acts 2013, ch. 289, § 106. July 1, 2014; provided, that, for purposes of promulgating rules and regulations, making appointments and making necessary provisions for the implementation of the act, the act shall take effect April 29, 2013. Workers' Compensation Appeals Board Decisions. An employee, an appliance delivery driver, alleged that he sustained a hernia when he and a co-worker lifted a cooking range onto the back of a truck. The trial court did not err in determining that the employee did not present sufficient evidence to establish he suffered a compensable hernia. Although there was no dispute that the employee experienced symptoms following the lifting incident, he suffered ventral hernias and three surgeries were required to repair the hernias, the medical proof failed to establish that the hernia did not exist prior to the lifting incident. Sustersic v. Lowe's Home Center, Inc., 2019 TN Wrk Comp App Bd LEXIS 18.