2950

LAWS OF MARYLAND

[Ch. 638

(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 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
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 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 or her
spouse or her spouse and children under eighteen years of
age if there was, at the time of his death, a legal
obligation on the part of said employee to support his or
her spouse, and if there was no such obligation, then to
his children under eighteen, if any, alone. THIS
PARAGRAPH DOES NOT APPLY TO THE PROVISIONS OF SECTION 66
OF THIS ARTICLE.

(2) In case of temporary total disability,
sixty—six and two—thirds per centum of the average weekly
wages shall be paid to the employee during the
continuance thereof, not to exceed a maximum of one
hundred per centum of the average weekly wage of the
State of Maryland as determined by the Department of
Employment Security. The Department of Employment
Security shall report the average weekly wage of the
State of Maryland as of July 1, to the Workmen's