WILLIAM DONALD SCHAEFER, Governor Ch. 591

CONSTITUTE PERMANENT TOTAL DISABILITY. IN ALL OTHER CASES
PERMANENT TOTAL DISABILITY SHALL BE DETERMINED IN ACCORDANCE WITH
THE FACTS.

[(b)] (C) 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)] (D) 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)] (E) 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, AS INCREASED BY COST OF LIVING ADJUSTMENTS UNDER
SUBSECTION 36(1)(A), 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.

(2) (i) 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] AND TRAINING. The Department of Employment
[Security] AND TRAINING shall report the average weekly wage of
the State of Maryland as of July 1, to the Workmen's Compensation

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