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 commission 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 an accident; and
(5) 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 out of and in the course of the employment shall be treated in a surgical manner by a radical operation. If death results from such operation, the death shall be considered as a result of the injury and compensation paid in accordance with the provisions of Section 42-9-290. In nonfatal cases if it is shown by special examination, as provided in Section 42-15-80, that the injured employee has a disability resulting after the operation, compensation for such disability shall be paid in accordance with the provisions of this title.
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 such refusal continues. If, however, it is shown that the employee has some chronic disease or is otherwise in such physical condition that the commission considers it unsafe for the employee to undergo such operation, the employee shall be paid compensation in accordance with the provisions of this title.
HISTORY: 1962 Code Section 72-154; 1952 Code Section 72-154; 1942 Code Section 7035-2; 1936 (39) 1231.
Structure South Carolina Code of Laws
Title 42 - Workers' Compensation
Chapter 9 - Compensation And Payment
Section 42-9-5. Basis for award.
Section 42-9-10. Amount of compensation for total disability; what constitutes total disability.
Section 42-9-20. Amount of compensation for partial disability.
Section 42-9-30. Schedule of period of disability and compensation.
Section 42-9-35. Evidence of preexisting injury or condition.
Section 42-9-40. Compensation for hernia.
Section 42-9-90. Increase in compensation which is not paid when due.
Section 42-9-110. Persons conclusively presumed to be wholly dependent.
Section 42-9-120. Determination and requirements of other cases of dependency.
Section 42-9-130. Division of death benefit when there is more than one dependent.
Section 42-9-140. Payment when deceased employee leaves no dependents or partial dependents.
Section 42-9-190. No compensation to injured employee refusing suitable employment.
Section 42-9-200. Dates on which compensation commences.
Section 42-9-210. Deduction from compensation of payments made by employer when not due and payable.
Section 42-9-220. Manner in which compensation paid.
Section 42-9-230. Date on which compensation payable under agreement becomes due.
Section 42-9-240. Date on which compensation payable under award becomes due.
Section 42-9-250. Payment of compensation monthly or quarterly authorized.
Section 42-9-270. Notice of final payment; penalty for failure to give notice.
Section 42-9-280. Payment of unpaid balance of compensation when employee dies.
Section 42-9-290. Amount of compensation for death of employee due to accident.
Section 42-9-301. Lump-sum payments.
Section 42-9-310. Trustees may administer lump-sum settlements.
Section 42-9-330. Exercise of rights for incompetent or infant employees.
Section 42-9-340. Effect of payment in good faith to junior dependents.
Section 42-9-360. Assignments of compensation; exemptions from claims of creditors and taxes.
Section 42-9-370. Preferences or priorities of rights of compensation.
Section 42-9-390. Voluntary settlements.
Section 42-9-430. Workers' compensation benefits.
Section 42-9-450. Employer's representatives to pay by check or electronic payment systems.