WM. PRESTON LANE, JR., GOVERNOR. 1127

or percentage of impairment resulting in an industrial
loss the Commission shall take into consideration, among
other things, the nature of the physical injury, the occu-
pation, experience, training and age of the injured em-
ployee at the time of injury, and shall award compen-
sation in such proportion as the determined loss bears to
compensation allowable for permanent total disability, the
said compensation to be paid weekly at the rate of sixty-
six and two-thirds per centum of the average weekly
wages, in no case to exceed twenty dollars per week, and
not less than a minimum of twelve dollars per week
unless the employee's established weekly wages are less
than twelve dollars per week at the time of the in-
jury, in which event he shall receive compensation equal
to his full wages, but not to exceed $5, 000. 00 and subject
to reconsideration of the degree of such impairment by
the Commission on its own motion or upon application of
any party in interest.

(b) The compensation for the foregoing specific in-
juries, payable under sub-sections (3) and, (4), shall be
paid in addition to, and consecutively with, the compensa-
tion hereinbefore provided in Sub-section 2 of this section.

(c) If any employee dies from any cause or causes not
compensable under this Article, the right to any compen-
sation payable under Sub-sections (3); (4) and (5), un-
paid at the date of his death, shall survive to his surviving
dependents as the Commission may determine, if there be
such surviving dependents, and if there be none such, then
to his wife and children under twenty-one years of age if
there was, at the time of his death, a legal obligation on
the part of said employee to support his wife, and if there
was no such obligation, then to his children under twenty-
one, if any, alone.

(5) (a) 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; or that the claimant sustained a hernia re-
sulting from a strain arising out of and in the course of
his or her employment.

Second. That the hernia did not exist prior to the in-
jury or strain for which compensation is claimed; pro-
vided that if as the result of an accidental injury, or as
the result of a strain, arising out of and in the course of
the employee's employment a pre-existing hernia becomes