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Session Laws, 1939
Volume 581, Page 998   View pdf image (33K)
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998 LAWS OF MARYLAND. [CH. 465

In case of death from uncomplicated silicosis or asbestosis,
compensation shall be payable in accordance with the fore-
going provisions of this section; provided, however, that the
compensation payable in any such case shall be limited to a
period not to exceed the average life expectancy of a person of
the age and sex of the deceased.

32E. Where an employee, though not actually disabled, is
found to be affected by silicosis or asbestosis, he may, subject
to the approval of the Medical Board, hereinafter created, be
permitted to waive in writing full compensation for any ag-
gravation of his condition that may result from his continuing
in his hazardous occupation. In the event of total disable-
ment or death as a result of the disease with which the em-
ployee was so affected, after such a waiver, compensation shall
nevertheless be payable as herein elsewhere provided, but in
no case, whether for disability or death or both, for longer
than one hundred (100) weeks, but in no case to exceed two
thousand dollars ($2, 000) in the aggregate. A waiver so per-
mitted shall remain effective, for the trade, occupations,
process or employment for which executed, notwithstanding a
change or changes of employer. The State Industrial Acci-
dent Commission shall make reasonable rules and regulations
relative to the form, execution, filing or registration and public
inspection of waivers or records thereof.

32F. Written notice shall be given to the employer of an
occupational disease by the employee or someone in his be-
half within ten (10) days after the first distinct manifestation
thereof, and in the case of death from such an occupational
disease, written notice of such death shall also be given to the
employer within thirty (30) days thereafter. Failure to give
either of such notices shall be deemed waived unless objection
is made at a hearing on the claim prior to any award or de-
cision thereon. Actual knowledge of an occupational disease
and of exposure to the conditions causing it, by the employer
in whose employment the employee was last injuriously ex-
posed, or by the responsible superintendent in charge of the
work, shall be deemed notice of its contraction. If no claim
for disability or death from an occupational disease be filed
with the State Industrial Accident Commission within one (1)
year from the date of disablement or death, as the case may be,
the right to compensation for such disease shall be forever bar-
red; provided, however, that the failure to file a claim within
the time limited herein shall be deemed waived unless objection
to such failure be made at a hearing on such claim before any
award or decision thereon. Notice or claim shall be deemed
waived in case of disability or death where the employer or
insurance carrier makes compensation payments therefor, or
within the time above limited, the employer or his insurance


 

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Session Laws, 1939
Volume 581, Page 998   View pdf image (33K)
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