HERBERT R. O'CONOR, GOVERNOR. 299

SEC. 2. And be it further enacted, That this Act shall take
effect June 1, 1945.

Approved March 24, 1945.

CHAPTER 335.
(House Bill 123)

AN ACT to repeal and re-enact, with amendments, Sub-section
(4) of Section 48 of Article 101 of the Annotated Code of
Maryland (1943 Supplement ) title "Workmen's Compen-
sation'', sub-title "Claims and Compensation Benefits", in-
creasing payments to dependents under the Workmen's
Compensation Law and dividing said sub-section into two
sub-sections.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Sub-section (4) of Section 48 of Article 101 of the
Annotated Code of Maryland (1943 Supplement), title "Work-
men's Compensation", sub-title "Claims and Compensation:
Benefits", be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

48. (4). (Temporary partial Disability. ) In case of tem-
porary 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
three thousand five hundred dollars, except as otherwise pro-
vided in this Article.

Whenever it shall appear that any disability from which
any employee is suffering following an accidental injury, is
due in part to such injury, and in part to a pre-existing dis-
ease or infirmity, the Commission shall determine the pro-
portion of such disability which is reasonably attributable to
the injury and the proportion thereof which is reasonably at-
tributable to the pre-existing disease or infirmity, and such
employee shall be entitled to compensation for that proportion
of his disability which is reasonably attributable solely to the
accident and shall not be entitled to compensation for that
proportion of his disability which is reasonably attributable
to the pre-existing disease or infirmity.