1264 LAWS OF MARYLAND [CH. 451

sions 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 al-
lowed compensation for a period of seven and one-half
(7½) 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.

(6) (Temporary Partial Disability. ) (a) In case of
temporary partial disability, an injured employee shall re-
ceive fifty per centum of the difference between his aver-
age weekly wages and his wage-earning capacity there-
after in the same employment or otherwise if less than
before the accident, but not to exceed twenty-five dollars
per week, during the continuance of such partial disability,
but not in excess of [three thousand five hundred] four
thousand dollars, except as otherwise provided in this
Article.

(b) (7) Whenever it shall appear that any disability
from which an employee is suffering following an accidental
injury, is due in part to such injury, and in part to a pre-
existing disease or infirmity, the Commission shall deter-
mine the proportion of such disability which is reasonably
attributable to the injury and the proportion thereof which
is reasonably attributable to the pre-existing disease or in-
firmity, and such employee shall be entitled to compensa-
tion for that proportion of his disability which is reason-
ably attributable solely to the accident and shall not be en-
titled to compensation for that proportion of his disability
which is reasonably attributable to the pre-existing disease
or infirmity.

(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 de-

(7) (8) (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 dependents, the disbursements shall be limited to the
expense provided for in Section 36 hereof, (b)] If there