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Session Laws, 1931
Volume 580, Page 913   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR.                  913

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.

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 appeared suddenly.

Third. That it was accompanied by pain.

Fourth. That the hernia immediately followed such injury.

Fifth. That the hernia did not exist prior 'to the injury
for which compensation is claimed.

Sixth. That, anything in this Act respecting notice to the
contrary notwithstanding, such injury was reported to the
employer within forty-eight (48) hours next following its oc-
currence.

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 com-
pensated, unless it is shown by special examination that the
injured employe has a permanent partial disability resulting
from the operation. If so, compensation shall be paid in ac-
cordance with the provision of this Act, with reference to per-
manent partial disability.

In case the injured employee refuses to undergo an opera-
tion for the cure of the said hernia, he shall be allowed com-
pensation for a period of seven and one-half (IV2) weeks, and
if it be shown to the satisfaction of the Commission that be-
cause of age or previous physical condition, it is considered
unsafe for the employee to undergo such operation, such re-
fusal may be excused by the Commission, in which event the
employee shall be allowed compensation for the period of actual
disability resulting from such hernia, not to exceed twenty-six
(26) 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.

Disfigurements—For other mutilations and disfigurements,
not hereinbefore provided for, compensation shall be allowed

 

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Session Laws, 1931
Volume 580, Page 913   View pdf image (33K)
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