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

50-6-212. Hernia or rupture.

(a)  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 court 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 the accident; and

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

(b)  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 the operation, the death shall be considered as the result of the injury, and compensation paid in accordance with the provisions of this chapter.

(c)  (1)  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.

     (2)  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 the provisions of this chapter.

[Acts 1941, ch. 90, § 10; C. Supp. 1950, § 6892.1 (Williams, § 6892a); T.C.A. (orig. ed.), § 50-1009.]