Most defense attorneys will tell you all hernias are Class 2 unless the hernia is the result of a stabbing or puncture wound. They will expect you to jump though all the hoops that come along with Class 2 hernias. There is a Arizona case referenced above that explains how the law should actually be interpreted. All hernias are to be considered Class 1 unless the defense attorney and carrier can prove that there was a birth defect or preexisting weakness in the abdomen. Class 1 hernias do not have all the stipulations that Class 2 hernias have. There are no limits on how long you can receive monthly payments and not hoops to jump though.
Hernias injuries are unfortunately almost always denied due to carrier’s and defense attorney’s misunderstanding of the law. If you have experienced a hernia injury and your claim is being denied, contact our office for a free consultation.