HERNIAS The Workers' Compensation Appellate Commission recently decided a new case regarding occupational hernias. The case is Barcewski v Yellow Freight System, Inc., 2004 ACO #64. The issue in the case was whether the Magistrate erred in awarding benefits for a hernia where there was a 53-day gap between the onset of the hernia and the employee reporting it to his supervisor. Although the Magistrate decided the case, awarding benefits, pursuant to the hernia provision in the occupational disease chapter of the act, MCL 418.401(2)(b), the Appellate Commission affirmed the award of benefits, but did so under the single event injury provision of the act, Chapter 3, MCL 418.301(1). In essence, the Appellate Commission held that, where a hernia results from a specific event of injury (as opposed to repetitive trauma or exposure), it is compensable under Chapter 3 and the timeliness and notice requirements of Chapter 4 (MCL 418.401(2)(b)) do not apply. The Appellate Commission held that, where an employee sustains a specific event hernia under Chapter 3, the employee need not comply with the Chapter 4 requirement that a hernia be recent in origin and promptly reported. This decision seems to largely neutralize the statutory recency and notice requirements by providing an alternate way to recover for a hernia under Chapter 3.