HARRY HUGHES, Governor

101

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 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 §
66 of this article.