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Session Laws, 1941
Volume 582, Page 1073   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1073

Maryland (1939 Edition), title "Workmen's Compensation",
sub-title "Claims and Compensation; Benefits", be and the
same is hereby repealed and re-enacted, with amendments, to
read as follows:

48. Each employee (or in case of death his family or de-
pendents) entitled to receive compensation under this Article
shall receive the same in accordance with the following sched-
ule and except as in this Article otherwise provided, such pay-
ment shall be in lieu of any and all rights of action whatso-
ever 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 employ-
ee'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 deter-
mined 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 compensation
to which he would be entitled because of the pre-existing per-
manent partial disability, in the event of subsequent acciden-
tal injury, and in such cases the employee so suffering an addi-
tional accidental injury, shall be entitled to the compensation
for the disability resulting solely from such additional acci-
dental 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 em-
ployee 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
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 week-
ly wages are less than eight dollars per week at the time of

 

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Session Laws, 1941
Volume 582, Page 1073   View pdf image (33K)   << PREVIOUS  NEXT >>


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