Cook v. Great West Casualty Co.

OPINION

HARBISON, Justice.

This case involves a claim for worker’s compensation benefits resulting from the recurrence on July 12, 1982, of an admittedly occupational hernia which had occurred on July 1, 1981. The trial judge held that there could be no recovery for the recurrence or aggravation of a pre-existing hernia under the provisions of T.C.A. § 50-6-212(a)(5). While that statement is found in some reported cases, it deals with the aggravation of a pre-existing non-com-pensable hernia, not to the sequelae of an admittedly occupational and compensable hernia.

Since the decision of the…