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Maryland Code, Labor and Employment § 9-504

Current as of December 31, 2021 | Updated by FindLaw Staff

(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.

(c) Notwithstanding any other provision of this title, a hernia caused as a result of repetitive trauma may be:

(1) considered an occupational disease; and

(2) compensable subject to § 9-502 of this subtitle.

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Cite this article: FindLaw.com - Maryland Code, Labor and Employment § 9-504 - last updated December 31, 2021 | https://codes.findlaw.com/md/labor-and-employment/md-code-labor-and-emply-sect-9-504/

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