1. (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. (1) the covered employee provides definite proof that satisfies the Commission that:

      1. (i) the hernia did not exist before the accidental personal injury or strain occurred; or
      2. (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. (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.
2. (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.

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

   1. (1) considered an occupational disease; and
   2. (2) compensable subject to § 9-502 of this subtitle.

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1991, c. 21, § 5; Acts 1992, c. 22, § 1; Acts 2020, c. 582, § 1, eff. Oct. 1, 2020; Acts 2023, c. 411, § 1, eff. Oct. 1, 2023; Acts 2023, c. 412, § 1, eff. Oct. 1, 2023.

Formerly Art. 101, § 36.