MARVIN MANDEL, Governor

2955

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 allowed compensation for a period of seven and
one—half (7 1/2) weeks, and if it be shown to the
satisfaction of the Commission that because of age or
previous physical condition, it is considered unsafe for
the employee to undergo such operation, such refusal may
be excused by the Commission, in which event the employee
shall be allowed compensation 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)   In case of temporary partial disability, an
injured employee shall receive fifty per centum of the
difference between his average weekly wages and his
wage—earning capacity thereafter in the same employment
or otherwise if less than before the accident, but not to
exceed forty dollars per week, during the continuance of
such partial disability, but not in excess of four
thousand dollars, except as otherwise provided in this
article.

(7)    Whenever it shall appear that any permanent
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 determine 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 infirmity,
and such employee shall be entitled to compensation for
that proportion of his disability which is reasonably
attributable solely to the accident and shall not be
entitled to compensation for that proportion of his
disability which is reasonably attributable to the
pre—existing disease or infirmity. This subsection
shall not apply to temporary total and temporary partial
disability. This subsection shall not apply where the
combined effects resulting from a previous impairment, as
defined in § 66 (1), and a subsequent accidental injury
result in a permanent disability exceeding fifty per
centum (50%) of the body as a whole.

(8)    (a) In case the injury causes death within the
period of seven years from the date of the accident the
benefits shall be in the amounts and to the persons
following: If there are wholly dependent persons at the
time of death, the payment shall be sixty—six and
two—thirds per centum of the average weekly wages of the