THEODORE R. MCKELDIN, GOVERNOR 1263

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, com-
pensation 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 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] thirty days next
REPORTED TO THE EMPLOYER WITHIN FIFTEEN
DAYS NEXT FOLLOWING ITS OCCURRENCE.

(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 prac-
ticable. If death results from such operation, the death
shall be considered as a result of the injury or strain, and
compensation 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 oc-
casioned at the request, or by the fault, of the claimant, un-
less it is shown by special examination that the injured em-
ployee has a permanent partial or permanent total or tem-
porary total disability resulting from the operation. If so,
compensation shall be paid in accordance with the provi-