Ch. 671                             MARVIN MANDEL, Governor                                1401

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 subsequent accidental injury shall
apportion and make award only for the permanent disability caused by the
subsequent accidental injury.

(c) The compensation for the foregoing specific injury shall be paid in addition
to, and consecutively with, the compensation hereinafter provided in subsection (2)
of this section.

(D) If any employee dies from any cause or causes not compensable under this
[[SUBSECTION ]] article, the right to any compensation payable under this
SUBSECTION TO THE EXTENT OF $45,000.00, unpaid at the date of his
death, shall survive to his surviving dependents as the Commission may determine,
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.

36.

(8)(a) In case the injury causes death within the period of [five] SEVEN years
FROM THE DATE OF THE ACCIDENT the benefits shall be in the amounts
and to the persons following: If there are wholly dependent persons at the time of
death, the payment shall be sixty-six and two-thirds per centum of the average
weekly wages OF THE DECEASED EMPLOYEE, not to exceed, however, a
maximum of sixty-six and two-thirds per centum of the average weekly wage of the
State of Maryland as determined by the Department of Employment Security, as
provided in § 36(2) of this article and not less than a minimum of twenty-five
dollars per week unless the deceased employee's established weekly wages were less
than twenty-five dollars per week at the time of the injury in which event the
compensation shall be an amount equal to the average weekly wages, and to
continue [for no more than five hundred weeks after the date of death and not to
amount to more than a maximum of twenty-seven thousand five hundred dollars
($27,500) nor less than a minimum of three thousand six hundred and fifty dollars
($3,650)] TO BE PAID DURING TOTAL DEPENDENCY BUT NOT TO
EXCEED $45,000.00, EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION. IF A SURVIVING WIFE, HUSBAND, OR CHILD CONTINUES
TO BE TOTALLY DEPENDENT AFTER THE TOTAL AMOUNT OF
$45,000.00 HAS BEEN PAID, FURTHER PAYMENTS TO THE
SURVIVING WIFE, HUSBAND, OR CHILD SHALL BE PAID AT THE
SAME WEEKLY RATE DURING HIS OR HER TOTAL DEPENDENCY. IF
A SURVIVING WIFE, HUSBAND OR CHILD, EXCEPT AS SET FORTH
IN PARAGRAPH (D) HEREIN, WHO IS WHOLLY DEPENDENT AT THE
TIME OF DEATH BECOMES THEREAFTER WHOLLY OR PARTIALLY
SELF-SUPPORTING, PAYMENTS SHALL NEVERTHELESS CONTINUE
UNTIL THE TOTAL SUM OF $45,000.00 HAS BEEN PAID, AND
THEREAFTER FURTHER BENEFITS SHALL CEASE. IT IS THE
INTENTION HEREIN THAT A SURVIVING WIFE OR HUSBAND WHO
IS WHOLLY DEPENDENT AT THE TIME OF DEATH SHALL RECEIVE
AT LEAST THE TOTAL SUM OF $45,000.00, EVEN THOUGH SHE OR HE
BECOMES WHOLLY OR PARTIALLY SELF-SUPPORTING BEFORE
THAT SUM IS PAID. THE COMMISSION HAS CONTINUING