HARRY W. NICE, GOVERNOR. 639

sub-title "Claims and Compensation; Benefits", as the same
was amended by Chapter 363 of the Acts of the General
Assembly of Maryland 1931, and by Chapter 487 of the
Acts of the General Assembly of Maryland 1935, be and they
are hereby repealed and Section 36 of said Article 101 is
hereby re-enacted with amendments to read as follows:

36. Each employee (or in case of death his family or
dependents) entitled to receive compensation under this Arti-
cle 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 what-
soever against any person whomsoever.

(1) PERMANENT TOTAL DISABILITY. In case of total disabil-
ity, adjudged to be permanent, sixty-six and two-thirds per
centum of the average weekly wages shall be paid to the em-
ployee 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 dol-
lars 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 con-
tract 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 compensa-
tion to which he would be entitled because of the pre-existing
permanent partial disability, in the event of subsequent acci-
dental injury, and in such cases the employee so suffering an
additional accidental injury, shall be entitled to the com-
pensation for the disability resulting solely from such addi-
tional 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 contents 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