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Session Laws, 1937
Volume 412, Page 642   View pdf image (33K)
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642 LAWS OF MARYLAND. [CH. 329

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 compensa-
tion hereinbefore provided 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 employ-
ment.

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 Act respecting notice to the con-
trary notwithstanding, such injury was reported to the em-
ployer 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 considered as a result of the in-
jury, 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 re-
sulting from the operation. If so, compensation shall be paid
in accordance with the provisions of this Act, 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 compensa-
tion for a period of seven* and one-half (TI/g) weeks, and if it
be shown to the satisfaction of the Commission that because
of age or previous physical condition, it is considered unsafe
for the employee to undergo such operation, such refusal may
be excused by the Commission, in which event the employee
shall be allowed compensation for the period of actual dis-
ability resulting from such hernia, not to exceed fifty-two (52)
weeks, and in either event such payments shall be in lieu of

 

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Session Laws, 1937
Volume 412, Page 642   View pdf image (33K)
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