1258 LAWS OF MARYLAND [CH. 451

nent total disability shall be determined in accordance with
the facts.

(b) 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 disability
resulting solely from such additional 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.

(c) The compensation for the foregoing specific injury
shall be paid in addition to, and consecutively with, the
compensation 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] after such employee
has been awarded compensation for a disability adjudged
to be permanent under the provisions of Sub-section (1) of

this section, and such death occurs before the employee or

insurer has paid the employee a total of $12, 500. 00 in

compensation exclusive of the cost the employer is required

to pay under the provision of Section 36 of this Article,

then the difference between the total amount of compen-

sation paid to such employee up to the date of death and

the sum of $12, 500. 00 shall be paid to his surviving de-
CAUSES NOT COMPENSABLE UNDER THIS AR-
TICLE, THE RIGHT TO ANY COMPENSATION PAY-
ABLE UNDER THIS SUB-SECTION, UNPAID AT THE
DATE OF HIS DEATH, SHALL SURVIVE TO HIS
SURVIVING DE- pendents as the Commission may deter-
mine, 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 tempo-
rary total disability, sixty-six and two-thirds per centum