3682 ARTICLE 101

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 employees 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 Article 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 when-
ever practicable. If death results from such operation, the death shall be
considered 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
employee has a permanent partial disability resulting from the operation.
If so, compensation shall be paid in accordance with the provisions of
this Article, with reference to permanent partial disability.

In case the injured employee refuses to undergo an operation for the cure
of the said hernia, he shall be allowed compensation for a period of seven
and one-half (7 1/2) weeks, and if it be shown to the satisfaction of the Com-
mission that because of age or previous physical condition, it is considered
unsafe for the employee to undergo such operation, such refusal may be ex-
cused by the Commission, in which event the employee shall be allowed com-
pensation for the period of actual disability resulting from such hernia,
not to exceed fifty-two (52) weeks, and in either event such payments
shall be in lieu of all benefits for or on account of disability or death re-
sulting or alleged to have resulted from such injury.

(4) (Temporary Partial Disability.) In case of temporary partial dis-
ability, except the particular cases mentioned in Sub-division Three of this