Claims for hernia, proof required
If someone gets a hernia and wants workers' compensation, two things have to be proven. First, that an accident or unusual strain at work caused the hernia. Second, that the hernia was not already there before that accident or strain happened.
287.195. for , required. — In all claims for for hernia resulting from injury arising out of and in the course of the , it must be definitely proved to the of the or the :
(1) That there was an accident or unusual strain resulting in hernia;
(2) That the hernia did not exist prior to the accident or unusual strain resulting in the injury for which compensation is claimed.
(RSMo 1939 § 3705, A.L. 1947 V. II p. 438, A.L. 1951 p. 620, A.L. 1953 p. 530, A.L. 1955 p. 588, A.L. 1957 p. 560 § 287.191, A.L. 1965 p. 397, A.L. 1980 H.B. 1396)
(1963) not entitled to recover compensation for of preexisting inguinal hernia. Wright v. J.A. Tobin Const. Co. (A.), 365 S.W.2d 742.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.