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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 1313   View pdf image (33K)
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WORKMEN'S COMPENSATION. 1313

Other Cases—In all other cases in this class of disability the compensa-
tion shall be fifty per centum of the difference between his average weekly
wages and his wage-earning capacity thereafter in the same employment,
or otherwise, if less than before the accident (but not to exceed eighteen
dollars per week), payable during the continuance of such partial dis-
ability, but not to exceed three thousand dollars, and subject to reconsid-
eration of the degree of such impairment by the Commission on its own
motion or upon application of any party in interest.

In all cases where there has been an amputation of a part of any member
of the body herein specified, or the loss of the use of any part thereof, for
which compensation is not specially provided, herein the Commission shall
allow compensation for such proportion of the total number of weeks
allowed for the amputation or the loss of the use of the entire member, as
the affected or amputated portion thereof bears to the whole.

Disfigurements—For other mutilations and disfigurements, not herein-
before provided for, compensation shall be allowed in the discretion of the
Commission, for not less than ten weeks nor more than one hundred weeks,
as the Commission may fix, in each case having due regard to the character
of the mutilation and disfigurement as compared with mutilation and
injury hereinbefore specifically provided for.

The compensation for the foregoing specific injuries shall be paid in
addition to, and consecutively with, the compensation hereinbefore pro-
vided in sub-section 2 of this section.

If any employee dies, the right to any compensation payable under this
sub-section, unpaid at the date of his death, shall survive to and vest in
his personal representatives.

In all claims for compensation for hernia, compensation may be allowed
only upon definite proof to the satisfaction of the Commission:

First. That there was an accidental injury causing hernia, arising out
of and in the course of the employee's employment.

Second. That the hernia did not exist prior to the injury for which
compensation is claimed; provided that if as the result of an accidental
injury arising out of and in the course of the employee's employment a pre-
existing hernia becomes so strangulated that an immediate operation is
necessary, the provision of this sub-paragraph requiring proof that the
hernia did not exist prior to the injury for which compensation is claimed
shall not apply.

Third. That, anything in this Act respecting notice to the contrary
notwithstanding, such injury was reported to the employer within ten days
next following its occurrence.

All hernia, inguinal, femoral or otherwise, so proven to be the result of
such injury, shall be treated in a surgical manner by operation whenever
practicable. If death results from such operation, the death shall be con-
sidered as a result of the injury, and compensation paid in accordance with
the provisions of this section. In non-fatal cases, time loss only shall be
compensated, unless it is shown by special examination that the injured
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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 1313   View pdf image (33K)
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