Maryland § 9-504

§ 9-504.

    (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.