1076 LAWS OF MARYLAND. [CH. 626

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 neces-
sary, the provision of this sub-paragraph requiring proof that
the hernia did not exist prior to the injury for which compen-
sation 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 man-
ner by operation whenever 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 pro-
visions 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 opera-
tion for the cure of the said hernia, he shall be allowed com-
pensation for a period of seven and one-half (7%) 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 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.

(4) Temporary Partial Disability. In case of temporary
partial disability, except the particular cases mentioned in
Sub-division Three of this section, 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 acci-
dent, but not to exceed twenty dollars per week, during the
continuance of such partial disability, but not in excess of