270                                LAWS OF MARYLAND                        [CH. 153

26.

(a) Written notice shall be given to the employer of an occupa-
tional disease by the employee or someone in his behalf within thirty
(30) days after the employee has actual knowledge thereof and in
case of death from such an occupational disease, written notice of
such death shall also be given to the employer within thirty (30)
days thereafter. The failure to give such notice unless excused by the
Commission either on the ground that notice for some sufficient
reason could not have been given, or on the ground that the State
Accident Fund, insurance company, or employer, as the case may be,
has not been prejudiced thereby, shall be a bar to any claim under
this article, provided, however, that the burden of proving that it
or he has been prejudiced by such failure on the part of the employee
or by delay in giving such notice shall be upon the State Accident
Fund, insurance company, or employer, as the case may be. Provided,
also, failure to give either of such notices shall be deemed waived
unless objection is made at a hearing on the claim prior to any award
or decision thereon. Actual knowledge of an occupational disease and
of exposure to the conditions causing it, by the employer in whose
employment the employee was last injuriously exposed, or by the
responsible superintendent in charge of the work, shall be deemed
notice of its contraction. If no claim for disability or death from an
occupational disease be filed with the Workmen's Compensation
Commission within one (1) year from the date of disablement or
death, TWO (2) YEARS FROM THE DATE OF DISABLEMENT
OR THE DATE WHEN THE CLAIMANT FIRST HAS
ACTUAL KNOWLEDGE SUCH DISABLEMENT WAS CAUSED
BY HIS EMPLOYMENT, OR DEATH, as the case may be, the right
to compensation for such disease shall be forever barred; provided,
however, that the failure to file a claim within the time limited
herein shall be deemed waived unless objection to such failure be
made at a hearing on such claim before any award or decision
thereon. Notice or claim shall be deemed waived in case of disability
or death where the employer or insurance carrier makes compensation
payments therefor, or within the time above limited, the employer
or his insurance carrier by his or its conduct leads the employee
or claimant reasonably to believe that notice or claim has been
waived by his or its affirmative conduct. The provisions of this sub-
section are SHALL not BE applicable to claims for disease caused
by ionizing radiation, but in such cases of IF the employee, or his
dependents in the case of employee's death, have actual knowledge of
exposure AND DISABILITY DUE TO SUCH EXPOSURE, to ion-
izing radiation, such claim shall be fixed FILED within two years
of such actual knowledge.

39.

(a) When an employee is entitled to benefits under this article,
he shall file with the Commission his application and the report of his
physician, provided he was attended by a physician of his own
selection, within sixty days after the date of his accidental injury,
for which compensation is claimed, and failure to do so, unless ex-
cused by the Commission, either on the ground that the insurance
carrier or the employer has not been prejudiced thereby, or for some
other sufficient reason, shall be a bar to any claim under this article;
provided, however, that failure of an employee to file a claim for