106

LAWS OF MARYLAND

Ch. 17

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
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 fifty per centum of the State average weekly wage of
the State of Maryland as determined by the Department of
Employment Security. The Department of Employment Security
shall report the average weekly wage of the State of
Maryland as of July 1, to the Workmen's Compensation
Commission no later than December 15th each year.