On The Job Injuries

Tulsa Hernia Cases

EMPLOYER LIABILITY FOR OKLAHOMA CITY & TULSA HERNIA CASES

Tulsa & Oklahoma City Workers’ Compensation Court Rules provide that every employer subject to the provisions of the Oklahoma Workers’ Compensation Code must pay or provide benefits for any hernia injury suffered by its employee that arises out of and in the course of the worker’s employment.

NOTE: Any claim for any benefits &/or a lump-sum cash settlement under the Oklahoma Workers’ Compensation Law for a hernia injury can only be properly commenced by the injured worker &/or his attorneys or lawyers filing an EMPLOYEE’S FIRST NOTICE OF ACCIDENTAL INJURY AND CLAIM FOR COMPENSATION [i.e. "FORM 3"] with either the Oklahoma City or Tulsa Workers’ Compensation Court.

Generally, a compensable hernia injury under Oklahoma Workers’ Compensation law means any hernia injury, causing internal harm to the employee’s body, which arises out of and in the course of the worker’s employment and only further if such employment was the “MAJOR CAUSE“* of the specific hernia injury. Furthermore–Oklahoma City and Tulsa Court Rules provide that any hernia injury, other than a hernia injury otherwise caused by cumulative trauma, is compensable in Oklahoma only if it is caused by a specific incident and is identifiable by time, place and occurrence. As with all Oklahoma work comp injury cases–a compensable hernia injury must be established by ”OBJECTIVE MEDICAL EVIDENCE”* and the employee &/or his or her attorney or lawyer has the burden of proof to establish by a preponderance of the evidence that such unexpected or unforeseen injury was in fact caused by the worker’s employment. Oklahoma City & Tulsa Workers’ Compensation Court rules specifically provide that there is no presumption from the mere occurrence of such unexpected or unforeseen injury that the injury was in fact caused by the employment and that a compensable hernia injury under Oklahoma Workers’ Compensation law does not include any hernia injury resulting from idiopathic (i.e. unknown) causes.

*NOTE: The Oklahoma City & Tulsa Workers’ Compensation Court has determined that the term “MAJOR CAUSE” means more than fifty percent (50%) of the resulting hernia injury.

EMPLOYER LIABILITY FOR TULSA CUMULATIVE TRAUMA HERNIA CASES

Oklahoma City & Tulsa Work Comp Court rules provide that where benefits or a lump sum cash settlement are payable for any Oklahoma hernia injury resulting from cumulative trauma*, the last employer in whose employment the worker was last injuriously exposed to the trauma for a period of at least ninety (90) days of such injurious exposure, and the insurance company, if any, on the risk when the employee was last so exposed under such employer, shall alone be liable therefor, without right to contribution from any prior employer or insurance company.

*NOTE: The Oklahoma Workers’ Compensation Court has determined that the term “cumulative trauma” means any hernia injury which is repetitive in nature and engaged in over a period of time, the major cause of which results from employment actvities, and otherwise proved by the injured worker &/or his or her attorney or lawyer with objective medical evidence.

MEDICAL BENEFITS FOR OKLAHOMA WORKERS’ COMP HERNIA INJURY

According to Tulsa and Oklahoma City Workers’ Compensation Court rules–within seven (7) days of actual knowledge of a work-related hernia injury, an employer must provide its employee reasonable and necessary medical care for his or her hernia with a doctor of the employer’s choice. However, if the employer fails or neglects to provide medical treatment within this seven (7) day period after actual knowledge is received of its worker’s hernia injury, the hurt employee &/or his or her attorneys or lawyers may select a doctor to provide medical treatment at the expense of the employer.

NOTE: According to Tulsa & Oklahoma City Workers’ Comp Court rules the providing of medical care by an employer to its worker for a hernia injury will not be construed as an admission of liability for a hernia injury.

WORKER’S CHOICE OF PHYSICIAN FOR TULSA HERNIA CASE

As noted above–an employer will initially select the treating doctor for its injured worker’s hernia injury. However–the Oklahoma City or Tulsa Workers’ Compensation Court can, on application of the injured employee &/or his or her attorney or lawyer–order one change of treating physician for the worker’s hernia injury. To accomplish this change–the injured worker &/or his or her attorney will list three (3) proposed doctors who are qualified to treat the employee’s hernia injury. The employer &/or its attorney or lawyer may in turn agree to one ot the doctors listed by the injured worker &/or his or her attorney or lawyer or submit its own list of three (3) doctors. If the employer and the injured employee cannot agree on a doctor, the Oklahoma City or Tulsa Workers’ Compensation Court may select a physician who is qualified to treat the hurt worker’s hernia injury.

SETTLEMENT & BENEFITS PAYABLE FOR OKLAHOMA HERNIA INJURY

NO PPD SETTLEMENT AWARDS FOR WORK COMP HERNIA INJURY IN SAME AREA

Oklahoma City & Tulsa Workers’ Compensation Court rules provide that in the case of a work injury resulting in the first or second hernia in the same area of the employee’s body, there can be no award of permanent partial impairment by the Oklahoma Workers’ Comp Court. Payment of cash benefits in such hernia injury cases will be strictly limited to temporary total disability (“TTD”) compensation* for six (6) weeks, and all necessary medical costs including, but not limited to, the cost of a hernia repair surgery. However, any injured worker who has had surgery for a hernia may petition, either individually or through his or her attorney, the Oklahoma City or Tulsa Workers’ Compensation Court for one extension of temporary total disability (“TTD”) compensation, and the Workers’ Compensation Court may order such an extension, not to exceed six (6) additional weeks, if the injured employee’s treating surgeon indicates that such an extension is appropriate, or as agreed to by all parties, including the insurance company and its attorney or lawyers.

*NOTE: The Oklahoma Workers’ Compensation Law provides that in cases of Temporary Total Disability, or “TTD”, the injured employee will be paid seventy percent (70%) of his or her average weekly wages, up to a maximum rate, which is currently set at $716.

ADDITIONAL TTD & PPD CASH SETTLEMENT AWARDS FOR THIRD HERNIA

Generally, and as more fully described above, Oklahoma City & Tulsa Workers’ Compensation Court rules provide that a injured worker with his or her first or second hernia in the same area will be limited at most to an award or settlement from the Oklahoma Workers’ Compensation court of twelve weeks or less of temporary total disability benefits. In such cases an award or settlement for permanent partial disability benefits cannot be given by the Oklahoma Workers’ Compensation Court. However–an award or cash settlement for temporary total disability (“TTD”) for a period in excess of twelve (12) weeks* or an award or settlement for permanent partial disability (“PPD”) can be entered by the Oklahoma Workers’ Compensation Court if an injury results in a third hernia, or more, in the same area of the injured worker’s body.

*NOTE: Rules of the Oklahoma City & Tulsa Workers’ Compensation Court provide that if an employer has actual notice of his or her worker’s hernia injury and the hernia injury is not disputed and weekly temporary total disability benefit payments are not commenced within ten (10) days the insurance company of the employer must pay to the employee a penalty of fifteen percent (15%) of the unpaid or delayed weekly benefits. Court rules further provide that TTD benefits for a hernia injury shall be payable without an award by the Oklahoma Workers’ Compensation Court and that the first payment of temporary total disability compensation is due on the tenth day after the employer has received notice of his or her worker’s hernia injury.

PERMANENT PARTIAL DISABILITY CASH SETTLMENTS IN ‘THIRD HERNIA’ CASES

In cases in which the Oklahoma City or Tulsa Workers’ Compensation Court finds a third hernia injury to a same part of the injured worker’s body the employee will be entitled to compensation and a settlement for his or her permanent partial disability* or impairment. The compensation or settlement ordered paid by the Oklahoma Workers’ Compensation Court for a third hernia will be seventy percent (70%) of the employee’s average weekly wage for the number of weeks which the partial disability of the employee bears to five hundred (500) weeks. In this regard it should be noted:

The determination of an injured worker’s permanent impairment, disability or settlement for a work-related hernia injury is the sole responsibility of a Judge of the Workers’ Compensation Court, not the injured worker’s treating doctor.
Any claim submitted by an employee or his or her attorney or lawyer for an award, compensation or a lump-sum cash settlement for permanent partial impairment related to his or her hernia injury must be supported by competent medical testimony of a medical doctor which testimony must in turn be supported by objective medical findings.
Medical testimony submitted by an employee &/or his or her attorneys or lawyers at trial on the issue of permanent disability or otherwise in support of a permanent partial disability settlement for a hernia injury must include an evaluation by a physician stating his or her opinion of the injured worker’s percentage of permanent partial impairment related to the hernia and whether or not the impairment is job-related and caused by the worker’s job duties.
Any doctor’s opinion of the nature and extent of permanent partial impairment or disability for a worker’s hernia injury must be based solely on criteria established by the American Medical Association’s “Guides to the Evaluation of Permanent Impairment”, Fifth Edition, or any subsequent edition approved by the Oklahoma Workers’ Compensation Court, also commonly referred to as “Guides”.
Any medical opinions addressing permanent impairment or disability for a worker’s hernia injury must be stated within a reasonable degree of medical certainty.

“maximum medical improvement” means that no further material improvement would reasonably be expected from medical treatment or the passage of time.

*NOTE: The Oklahoma City & Tulsa Workers’ Compensation Court has determined that the term “permanent partial impairment” means any anatomical abnormality or loss of use related to the worker’s hernia injury after maximum medical improvement has been achieved which can be evaluated by a physician. In turn the Oklahoma Workers’ Compensation Court has determined that the term “maximum medical improvement” means that no further material improvement would reasonably be expected from medical treatment or the passage of time.

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