HERBERT R. O'CONOR, GOVERNOR. 455
CHAPTER 462.
(House Bill 125)

AN ACT to repeal and re-enact, with amendments, Sub-section
(1) of Section 48 of Article 101 of the Annotated Code
of Maryland (1943 Supplement), title "Workmen's -Com-
pensation", sub-title "Claims and Compensation; Benefits",
relating to certain payments in cases of permanent total
disability.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Sub-section (1) of Section 48 of Article 101 of
the Annotated Code of Maryland (1943 Supplement), title
"Workmen's Compensation", sub-title "Claims and Compen-
sation; Benefits", be and it is hereby repealed and re-enacted,
with amendments, to read as follows:

48. (1) (Permanent Total Disability. ) In case of total
disability, adjudged 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-three 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 in an amount equal to his average
weekly wages, but not to exceed a total of $7, 500. 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 compensation
to which he would be entitled because of the pre-existing per-
manent 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.