Sec. 71-3-23. Compensation for hernia or rupture

In all cases of claim for hernia, it shall be shown by apreponderance of the evidence:

(a) That the descent or protrusion of the hernia orrupture immediately followed as the result of sudden effort, severestrain, or the application of force to the abdominal wall;

(b) That there was severe pain in the region of thehernia or rupture;

(c) That there has been no descent or protrusion of thehernia or rupture prior to the accident for which compensation isclaimed;

(d) That the physical distress resulting from the descentor protrusion of the hernia or rupture was noticed immediately byclaimant, and communicated to his employer within a reasonabletime; and

(e) That the physical distress following the descent orprotrusion of the hernia or rupture was such as to require theattendance of a licensed physician or surgeon within five (5) daysafter the injury for which compensation is claimed. Postoperativehernias shall be considered as original hernias.

In every case of hernia or rupture as above defined, it shallbe the duty of the employer forthwith to provide the necessary andproper medical, surgical, and hospital care and attention to effectuate a cure by radical operation of said hernia or rupture,and to pay compensation under the provisions of paragraph (b) ofsection 71-3-17, not exceeding, however, a period of twenty-six(26) weeks.

In case the employee shall refuse to permit such operation, itshall be the duty of the employer to provide all necessary firstaid, medical and hospital care and services, to supply the properand necessary truss or other mechanical appliance to enable saidemployee to resume work, and shall further pay compensation underthe provisions of paragraph (b) of section 71-3-17, not exceeding,however, the period of thirteen (13) weeks.

In case death results within a period of one year, either fromthe hernia or rupture or from the radical operation thereof,compensation shall be paid the dependents as provided in otherdeath cases under this chapter.