CHAPTER 122

AN ACT to amend and reenact § 65-54 of the Code of 1950 relat-
ing to compensation for hernia under the Workmen’s Com-
pensation Act.

[ H 245 J

Approved March &, 1950

Be it enacted by the General Assembly of Virginia:
1. That § 65-54 of the Code of 1950 be amended and reenacted
as follows:

§ 65-54. Compensation for hernia; when allowed.—In all
claims for compensation for hernia resulting from injury by
accident arising out of and in the course of the employee’s em-
ployment, it must be definitely proved to the satisfaction of the
Industrial Commission:

(1) That there was an injury resulting in hernia;

(2) That the hernia appeared suddenly ;

(3) That it was accompanied by pain;

(4) That the hernia immediately followed an accident; and

(5) That the hernia did not exist prior to the accident for
which compensation is claimed.

All hernia, inguinal, femoral or otherwise, so proven to be
the result of an injury by accident arising out of and in course
of the employment shall be treated in a surgical manner by
radical operation. The Industrial Commission is authorized to
enter an award under the provisions of § 65-85, covering the
cost of hospital and medical attention incident to said operation
without regard to the date when the same was rendered. 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 § 65-62. In nonfatal cases time lost only shall
be paid, unless it is shown by special examination, as provided
in § 65-88, that the injured employee has a permanent partial
disability resulting after the operation. If so, compensation shall
be paid in accordance with the provisions of § 65-52 with refer-
ence to partial disability.

In case the injured employee refuses to undergo the radical
operation for the cure of the hernia, no compensation will be
allowed during the time the refusal continues. If, however, it
is shown that the employee has some chronic disease, or is
otherwise in such physical condition that the Commission con-
siders it unsafe for the employee to undergo the operation, the
employee shall be paid as provided in § 65-52.