Marvin Mandel, Governor                           11

petent jurisdiction, the decision of such court shall not affect or
impair any of the remaining provisions.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1970.

Approved April 1, 1970

CHAPTER 10
(Senate Bill 169)

AN ACT to repeal and re-enact, with amendments, Sections
36(1)(b) and 67(3a) of Article 101 of the Annotated Code of
Maryland (1969 Supplement), title "Workmen's Compensation,"
subtitles "Claims and Compensation: Benefits" and "Miscellane-
ous," amending the workmen's compensation laws of this State
in order to make certain corrections in the language and refer-
ences thereof.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 36(1)(b) and 67(3a) of Article 101 of the Anno-
tated Code of Maryland (1969 Supplement), title "Workmen's Com-
pensation," subtitles "Claims and Compensation: Benefits" and
"Miscellaneous," be and the same are hereby repealed and re-
enacted, with amendments, to read as follows:

36.

(l)(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, [is] 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 preexisting 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 preexisting 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.

In the absence of any waiver of preexisting permanent partial
disability, the Commission in determining any case involving a sub-
sequent accidental injury shall apportion and make award only for
the permanent disability caused by the subsequent accidental injury.

67.

[(3a)] (16) If an employer is a partnership, or sole proprietor-
ship, such employer may elect to include as an "employee" within
the provisions of the act, any member of such partnership, or the
owner of the sole proprietorship, devoting full time to the partner-
ship or proprietorship business. In the event of such election, the