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Session Laws, 1949
Volume 590, Page 1128   View pdf image (33K)
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1128 LAWS OF MARYLAND. [CH. 461

so strangulated, incarcerated or becomes so aggravated
that an immediate operation is necessary, the provision of
this sub-paragraph requiring proof that hernia did not
exist prior to the injury for which compensation is claimed
shall not apply.

Third. That, anything in this Article respecting notice
to the contrary notwithstanding, such injury or strain was
reported to the employer within fifteen days next follow-
ing its occurance.

(b) All hernia, inguinal, femoral or otherwise, so proven
to be the result of such injury or strain, 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 or strain, and com-
pensation paid in accordance with the provisions of this
section. In non-fatal cases, time loss only shall be com-
pensated, provided, however, that in computing lost time
there shall not be included any time lost from delay in the
holding of a hearing when such delay shall have been
occasioned at the request, or by the fault, of the claimant,
unless it is shown by special examination that the injured
employee has a permanent partial or permanent total or
temporary total disability resulting from the operation. If
so, compensation shall be paid in accordance with the pro-
visions of this Article, with reference to permanent partial
disability or permanent total or temporary total disability
as the case may be.

(c) 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
(7Ms) weeks, and if it be shown to the satisfaction of the
Commission that because of age or previous physical con-
dition, it is considered unsafe for the employee to undergo
such operation, such refusal may be excused by the Com-
mission, in which event the employee shall be allowed com-
pensation for the period of 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.

(7) (Dependents. ) (a) In case the injury causes
death within the period of three years the benefits shall
be in the amounts and to the persons following:

If there be no dependent, the disbursements shall be
limited to the expense provided for in Section 36 hereof.

(b) If there are wholly dependent persons at the time
of death, the payment shall be sixty-six and two-thirds

 

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Session Laws, 1949
Volume 590, Page 1128   View pdf image (33K)
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