(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.