WORKMEN'S COMPENSATION. 1311

titled to receive compensation under this Article shall receive the same in
accordance with the following schedule and except as in this Article other-
wise provided, such payment shall be in lieu of any and all rights of action
whatsoever against any person whomsoever.

(1) Permanent Total Disability. In case of total disability, adjudged
to be permanent, sixty-six and two-thirds per centum of the average weekly
wages shall be paid to the employee during the continuance of such total

disability, not to exceed a maximum of twenty dollars per week and not
less than a minimum of eight dollars per week, unless the employee's estab-
lished weekly wages are less than eight dollars per week at the time of the
injury, in which event he shall receive compensation in an amount equal to
his average weekly wages, but not to exceed a total of $5, 000. Loss, or loss
of use of both hands, or both arms, or both feet or both legs, or both eyes,
or of any two thereof, shall, in the absence of conclusive proof to the con-
trary, constitute permanent total disability. In all other cases permanent
total disability shall be determined in accordance with the facts.

Whenever any person who has suffered the loss, or loss of use of a hand,
arm, foot, leg or eye, shall enter into a contract of employment, it shall be
permissible for the employee to waive in writing, either in the contract
of employment, or by a separate written instrument, any right to compen-
sation to which he would be entitled because of the pre-existing permanent
partial disability, in the event of subsequent accidental injury, and in such
cases the employee so suffering an additional accidental injury, shall be
entitled to the compensation for the disability resulting solely from such
additional accidental injury. No such waiver shall be effective unless the
pre-existing permanent partial disability shall be plainly described therein,
nor unless the same be executed by the employee with knowledge of its con-
tents prior to the time of the accident upon which the claim is based.

(2) Temporary Total Disability. In case of temporary total disability,
sixty-six and two-thirds per centum of the average weekly wages shall be
paid to the employee during the continuance thereof, but not to exceed a
maximum of twenty dollars per week and not less than a minimum of
eight dollars per week, unless the employee's established weekly wages are
less than eight dollars per week at the time of the injury, in which event
he shall receive compensation equal to his full wages; but in no case to
continue more than six years from the date of the injury or to exceed
thirty-seven hundred and fifty dollars in the aggregate.

(3)¹ Permanent Partial Disability. In case of disability partial in

character but permanent in quality, the compensation shall be sixty-six
and two-thirds per centum of the average weekly wages, in no case to exceed
eighteen dollars per week and not less than a minimum of eight dollars per
week unless the employees established weekly wages are less than eight

¹ The title of ch. 487 of acts of 1935 provides for repealing and re-enacting, with
amendments, sub-sec. (3) of sec. 36, while section 1 repeals and re-enacts, with

amendments sec. 36, while sub-sec. (3) is all that is included in said chapter and
sub-sec. (3) is codified here as contained in said ch. 487. Query: Is sub-sec. (3) as
contained in said ch. 487 valid?