WM. PRESTON LANE, JR., GOVERNOR. 2127

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 compensation to which he would be entitled be-
cause 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 dis-
ability 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.

The compensation for the foregoing specific injury shall
be paid in addition to, and consecutively with, the com-
pensation hereinafter provided in Sub-section (2) of this
section. If any employee dies from any cause or causes
not compensable under this Article, the right to any
compensation payable under this sub-section, unpaid at
the date of his death, shall survive to his surviving de-
pendents as the Commission may determine, if there be
such surviving dependents, and if there be none such, then
to his wife and children under twenty-one years of age if
there was, at the time of his death, a legal obligation on the
part of said employee to support his wife, and if there was
no such obligation, then to his children under twenty-one,
if any, alone.

(2) (Temporary Total Disability.) In case of tem-
porary 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 maxi-
mum of twenty-five dollars per week, and not less
than a minimum of ten dollars per week, unless
the employee's established weekly wages are less than ten
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 dis-
ability partial in character but permanent in quality, the
compensation shall be sixty-six and two-thirds per centum