If you have a work-related injury that causes a hernia, you may
sometimes be required to have surgery to repair the hernia to be
allowed to continue to receive Louisiana Workers Compensation wage
benefits and other benefits. Louisiana Revised Statute 23:1221(4)(r)
provides:
(r)(i) In all claims for inguinal
hernia, it must be established by a preponderance of the evidence
that the hernia resulted from injury by accident arising out of and
in the course and scope of employment; that the accident was
reported promptly to the employer, and that the employee was
attended by a licensed physician within thirty days thereafter.
(ii) If the employee submits to
treatment, including surgery, recommended by a competent physician
or surgeon, the employer or insurer shall pay compensation benefits
as elsewhere fixed by this Chapter.
(iii) If the employee refuses to
submit to such recommended treatment, including surgery, and
establishes by a preponderance of the evidence that his refusal is
based upon his conscientious religious objection thereto or that
such recommended treatment, including surgery, involves an unusual
and serious danger to him, the employer or insurer shall pay
compensation benefits as elsewhere fixed by this Chapter. In all
other cases of the employee's refusal to submit to such recommended
treatment, including surgery, the employer shall provide all
necessary first aid and medical treatment and supply the necessary
truss, support, or other mechanical appliance at a total cost not in
excess of six hundred dollars. In addition, the employer shall pay
compensation for a period not to exceed twenty-six weeks.
(iv) Recurrence of the hernia
following surgery shall be considered as a separate hernia, and the
provisions and limitations of this Subparagraph shall apply.
