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Session Laws, 1954
Volume 604, Page 69   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR 69

sub-title "Claims and Compensation: Benefits", increas-
ing the time allowed for the reporting of injuries or
strains wherein claim is made for compensation for
hernia under the workmen's compensation laws.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That Section 35(5) (a) of Article 101 of the Annotated
Code of Maryland (1951 Edition), title "Workmen's Com-
pensation", sub-title "Claims and Compensation: Bene-
fits", be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

35. (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 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 following its occurrence.

SEC. 2. And be it further enacted, That nothing in this
Act shall be construed or applied to affect or change the
law as to any such injury or strain which occurred prior
to the effective date of this Act.

SEC. 3 And be it further enacted, That this Act shall
take effect June 1, 1954.

Approved March 12, 1954.


 

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Session Laws, 1954
Volume 604, Page 69   View pdf image (33K)
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