2954                                        LAWS OF MARYLAND                     [Ch. 638

twenty—five dollars per week at the time of the injury,
in which event he shall receive compensation equal to his
full wages. This subsection, to the extent of any
inconsistency, prevails over subsection (subsections) (3)
and (4); but otherwise subsections (3) and (4) apply to
persons covered by this subsection. Provided, however,
that any additional compensation for permanent partial
disability on a petition to reopen shall not increase the
amount of compensation previously awarded and actually
paid.

(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 resulting 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
injury or strain for which compensation is claimed;
provided 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 subparagraph 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 thirty 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 practicable. 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
nonfatal cases, time loss only shall be compensated,
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 provisions of this article, with