WM. PRESTON LANE, JR., GOVERNOR. 2131
Third. That, anything in this Article respecting notice
to the contrary notwithstanding, such injury or strain
was reported to the employer within fifteen days next
following its occurrence.
All hernia, inguinal, femoral or otherwise, so proven
to be the result of such injury or strain, shall be treated
in a surgical manner by operation whenever practicable.
If death results from such operation, the death shall be
considered as a result of the injury or strain, and com-
pensation paid in accordance with the provisions of this
section. In non-fatal cases, time loss only shall be compen-
sated, provided, however, that in computing lost time there
shall not be included any time lost from delay in the holding
of a hearing when such delay shall have been occasioned at
the request, or by the fault, of the claimant, unless it is
shown by special examination that the injured employee
has a permanent partial or permanent total or temporary
total disability resulting from the operation. If so, com-
pensation shall be paid in accordance with the provisions
of this Article, with reference to permanent partial dis-
ability or permanent total or temporary total disability
as the case may be.
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
Commission that because of age or previous physical con-
dition, it is considered unsafe for the employee to undergo
such operation, such refusal may be excused by the Com-
mission, in which event the employee shall be allowed
compensation 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 resulting
or alleged to have resulted from such injury.
(6) (Temporary Partial Disability.) In case of
temporary partial disability, an injured employee shall
receive 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 twenty
dollars per week, during the continuance of such partial
disability, but not in excess of three thousand five hun-
dred dollars, except as otherwise provided in this Article.
Whenever it shall appear that any disability from
which any employee is suffering following an acci-
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