WILLIAM DONALD SCHAEFER, Governor                        Ch. 5

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 preexisting hernia becomes so strangulated,
incarcerated or becomes so aggravated that an immediate operation
is necessary, the provision of this subparagraph requiring proof
that THE 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.

(7) (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 deceased employee, not to exceed, however, a
maximum of 100 percent of the average weekly wage of the State of
Maryland as determined by the Department of Employment Security,
as provided in [§ 36(2) of this article] SUBSECTION (2) OF THIS
SECTION and not less than a minimum of twenty-five dollars per
week unless the deceased employee's established weekly wages were
less than twenty-five dollars per week at the time of the injury
in which event the compensation shall be an amount equal to the
average weekly wages, and to continue to be paid during total
dependency but not to exceed $45,000.00, except as otherwise
provided in this section. If a surviving wife, husband, or child
continues to be totally dependent after the total amount of
$45,000.00 has been paid, further payments to the surviving wife,
husband, or child shall be paid at the same weekly rate during
his or her total dependency. If a surviving wife, husband, or
child, except as set forth in paragraph (d) herein, who is wholly
dependent at the time of death becomes thereafter wholly or
partially self-supporting, payments shall nevertheless continue
until the total sum of $45,000.00 has been paid, and thereafter
further benefits shall cease. It is the intention herein that a
surviving wife or husband who is wholly dependent at the time of
death shall receive at least the total sum of $45,000.00, even
though she or he becomes wholly or partially self-supporting
before that sum is paid. The Commission has continuing
jurisdiction to determine whether the surviving wife, husband, or
child has become wholly or partially self-supporting, and to
suspend, terminate or reinstate suspended or terminated payments
of compensation. The provisions of this subparagraph which
provide for a continuation of payments until the total sum of

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