1702                                          LAWS OF MARYLAND                        [Ch. 450

read as follows:

Article 101 — Workmen's Compensation
36.

(1) (a) 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 by the
employer or insurer during the continuance of such total
disability, not to exceed a maximum of [sixty—six and
two-thirds] [[ONE HUNDRED THIRTY-THREE AND ONE-THIRD]]
ONE HONORED 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 employee's established
weekly wages are less than twenty—five dollars per week
at the time of injury, in which event he shall receive
compensation in an amount equal to his average weekly
wages but not to exceed a total of $45,000.00; provided,
however, that if the employee's total disability shall
continue after a total of $45,000.00 has been paid, then
further weekly payments at the rate previously paid shall
be paid to him during such disability. 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.

(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 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 subsequent accidental
injury shall apportion and make award only for the