3680 ARTICLE 101

Upon the death of any prisoner resulting from accidental injuries aris-
ing out of and in the course of his employment within the meaning of this
Article, his dependents shall be entitled to compensation as determined by
this Article and based upon average weekly wages as hereinabove defined.

Claims and Compensation; Benefits.

An. Code, 1924, sec. 36; 1912, sec. 36. 1914, ch. 800, sec. 35. 1916, ch. 368. 1916, ch. 597,
sec. 36. 1920, ch. 456, sec. 36. 1931, ch. 363. 1935, ch. 487. 1937, ch. 329.

48. Each employee (or in case of death his family or dependents)
entitled to receive compensation under this Article shall receive the same
in accordance with the following schedule and except as in this Article
otherwise 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, ad-
judged 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
established 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 $6,000.
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 contrary, 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 com-
pensation 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 de-
scribed therein, nor unless the same be executed by the employee with
knowledge of its contents prior to the time of the accident upon which the
claim is based.

(2) (Temporary Total Disability.) In case of temporary total dis-
ability, 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 mini-
mum 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) (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 employee's established weekly wages are less