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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Related Missouri laws
Occupational deafness
RSMo 287.197
Permanent partial disability, amount to be paid
RSMo 287.190
Permanent total disability, amount to be paid
RSMo 287.200
Termination of compensation by employer, employee right to hearing
RSMo 287.203
Temporary partial disability, amount to be paid
RSMo 287.180
Physical examination of employee
RSMo 287.210
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.