(a) Except as otherwise provided, an employer shall provide compensation in accordance with this title to a covered employee for a hernia caused by an accidental personal injury or by a strain arising out of and in the course of employment if:
(1) the covered employee provides definite proof that satisfies the Commission that:
(i) the hernia did not exist before the accidental personal injury or strain occurred; or
(ii) as a result of the accidental personal injury or strain, a preexisting hernia has become so aggravated, incarcerated, or strangulated that an immediate operation is needed; and
(2) notwithstanding any other provision of this title about notice, the accidental personal injury or strain was reported to the employer within 45 days after its occurrence.
(b) If a covered employee fails to file a claim for compensation for a hernia caused by an accidental personal injury within the time period required under § 9–709(a) of this title, the covered employee may file the claim within 2 years after the date the accidental personal injury occurred unless the employer or its insurer has been prejudiced by the failure.
Structure Maryland Statutes
Title 9 - Workers' Compensation
Subtitle 5 - Entitlement to and Liability for Compensation
Section 9-501 - Accidental Personal Injury
Section 9-502 - Occupational Disease -- Compensation
Section 9-505 - Occupational Deafness
Section 9-506 - Compensation Prohibited
Section 9-507 - Degree of Risk
Section 9-508 - Liability of Principal Contractor for Compensation
Section 9-509 - Exclusivity of Compensation
Section 9-510 - Action After Repeal or Invalidation of Provisions