- (a) When entering into a contract of employment, an individual who has suffered the loss or loss of use of a hand, arm, foot, leg, or eye may waive any right to compensation to which the covered employee would be entitled because of the existing permanent partial disability in the event of a subsequent accidental personal injury or occupational disease.
(b) For a waiver under subsection (a) of this section to be effective, the waiver shall:
- (1) be made in writing, as part of the contract of employment or as a separate instrument;
- (2) plainly describe the existing permanent partial disability; and
(3) be executed by the employee:
- (i) with knowledge of its contents; and
- (ii) before the occurrence of an accidental personal injury or occupational disease on which a claim is based.
- (c) If a covered employee who has executed a waiver in accordance with this section suffers an additional accidental personal injury or occupational disease, the covered employee is entitled to compensation for a disability resulting solely from the additional injury or occupational disease.
Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1991, c. 21, § 5.
Formerly Art. 101, §§ 22, 36.