Section 287.195 provides:
"In all claims for compensation for hernia resulting from injury arising out of and in the course of employment, it must be definitely proved to the satisfaction of the division or the commission:
(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.
In Besley v H&W Oil Company, (LIRC), 8/11/00 (ALJ House), Claimant was awarded PTD against fund and 40% BAD for hernia with ilioinguinal nerve traction after moving a gaming machine.
In Tepfer v Boone Retirement Center, (LIRC), 10/16/97, claimant, a 21 year old certified nursing assistant, testified that she lifted 20 patients in a typical shift. She testified that she experienced a pull in her abdomen upon lifting one of her patients. She subsequently went to the Student Health Center with complaints of right groin pain and swelling. She returned one week later and was diagnosed with a hernia and referred to a surgeon for a right hernia surgery. Claimant returned to work but experienced recurrent symptoms while performing a one-person lift several months later. She required surgery for a recurrent hernia 2 months thereafter. Claimant denied any prior symptoms. The employers' physician testified that the hernia arose from activities arising out of daily living, and not from any work allegations. Claimant's medical expert felt that the conditions arose from lifting at work pursuant to claimant's assertions. The Commission held that this claimant's original hernia arose from a series of strains at work, and the claimant had no obligation to furnish notice of a work-related condition until she was advised by a physician. The Commission awarded the claimant's disability rating and over $15,000 in medical bills.