HERBERT R. O'CONOR, GOVERNOR. 571

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 necessary, the
provision of this sub-paragraph requiring proof that hernia did
not exist prior to the injury f or 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 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 result-
ing 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%) 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.

SEC. 2. And be it further enacted, That this Act shall take
effect June 1, 1943.

Approved May 4, 1943.