THEODORE R. MCKELDIN. GOVERNOR 755

this Article, unless during the ten (10) years immediately
preceding the date of disablement the employee has been
exposed to the inhalation of silica dust or asbestos dust
over a period of not less than five (5) years, two (2) years
of which shall have been in this State, under a contract
of employment existing in this State, provided, however,
that if the employee shall have been employed by the same
employer during the whole of such five-year period, his
right to compensation against such employer shall not be
affected by the fact that he had been employed during any
part of such period outside of this State.

(b) Compensation shall not be payable for partial dis-
ability due to silicosis or asbestosis [. ], provided, however,

that if it shall be determined that such employee is able to
earn wages at another occupation which shall be neither

unhealthful nor injurious, and such wages do not equal

the full wages he was earning at the time he was forced to
give up his employment because he was found to be
affected by silicosis or asbestosis, he shall be paid com-
pensation computed pursuant to the provisions of Sub-

section 6 of Section 35 of this Article during the period of

such partial disability. In the event of total disability or
death from [uncomplicated] silicosis or asbestosis, com-

ABILITY DUE TO SILICOSIS, ASBESTOSIS OR
OTHER PULMONARY DUST DISEASE; PROVIDED,
HOWEVER, THAT IF AN EMPLOYEE HAS DEMON-
STRABLE EVIDENCE OF SILICOSIS, ASBESTOSIS
OR OTHER PULMONARY DUST DISEASE AND HIS
CAPACITY FOR WORK HAS THEREBY BEEN IM-
PAIRED TO AN EXTENT NOT AMOUNTING TO
TOTAL PERMANENT DISABILITY, COMPENSATION
SHALL BE PAYABLE IN THE AMOUNT OF $1, 000. 00,
WHICH PAYMENT SHALL BE MADE IN A LUMP
SUM OR IN PERIODIC INSTALMENTS IN THE DIS-
CRETION OF THE COMMISSION, AND SHALL BE A
FINAL PAYMENT AND OPERATE AS A FULL RE-
LEASE BY THE EMPLOYEE FOR COMPENSATION
AND FOR ANY CLAIM AGAINST THE EMPLOYER
OR SUBSEQUENT EMPLOYEES THAT THE EM-
PLOYEE MAY HAVE FOR SILICOSIS, ASBESTOSIS
OR OTHER PULMONARY DUST DISEASE AND IR-
RESPECTIVE OF WHETHER THE EMPLOYEE
THEREAFTER CONTINUES IN THE SAME EMPLOY-
MENT HE WOULD NOT HAVE THE EIGHT TO RE-
CEIVE ANY FURTHER COMPENSATION OR MAKE
CLAIM BECAUSE OF SILICOSIS, ASBESTOSIS OR
OTHER PULMONARY DUST DISEASE AGAINST HIS
EMPLOYER OR AGAINST ANY SUBSEQUENT EM-