WORKMEN'S COMPENSATION 3673

section; provided, however, that the compensation payable in any such
case shall be limited to a period not to exceed the average life expectancy
of a person of the age and sex of the deceased.

1939, ch. 465, sec. 32E.

38. Where an employee, though not actually disabled, is found to be
affected by silicosis or asbestosis, he may, subject to the approval of the
Medical Board, hereinafter created, be permitted to waive in writing full
compensation for any aggravation of his condition that may result from
his continuing in his hazardous occupation. In the event of total disable-
ment or death as a result of the disease with which the employee was so
affected, after such a waiver, compensation shall nevertheless be payable
as herein elsewhere provided, but in no case, whether for disability or death
or both, for longer, than one hundred (100) weeks, but in no case to exceed
two thousand dollars ($2,000) in the aggregate. A waiver so permitted
shall remain effective, for the trade, occupations, process or employment
for which executed, notwithstanding a change or changes of employer. The
State Industrial Accident Commission shall make reasonable rules and
regulations relative to the form, execution, filing or registration and public
inspection of waivers or records thereof.

1939, ch. 465, sec. 32F.

39. Written notice shall be given to the employer of an occupational
disease by the employee or someone in his behalf within ten (10) days
after the first distinct manifestation thereof, and in the case of death from
such an occupational disease, written notice of such death shall also be
given to the employer within thirty (30) days thereafter. Failure to give
either of such notices shall be deemed waived unless objection is made
at a hearing on the claim prior, to any award or decision thereon. Actual
knowledge of an occupational disease and of exposure to the conditions
causing it, by the employer in whose employment the employee was last
injuriously exposed, or by the responsible superintendent in charge of the
work, shall be deemed notice of its contraction. If no claim for disability
or death from an occupational disease be filed with the State Industrial
Accident Commission within one (1) year from the date of disablement
or death, as the case may be, the right to compensation for such disease
shall be forever, barred; provided, however, that the failure to file a claim
within the time limited herein shall be deemed waived unless objection
to such failure be made at a hearing on such claim before any award or
decision thereon. Notice or claim shall be deemed waived in case of dis-
ability or death where the employer or insurance carrier makes compensa-
tion payments therefor, or within the time above limited, the employer
or his insurance carrier by his or its conduct leads the employee or claimant
reasonably to believe that notice or claim has been waived by his or its
affirmative conduct.

Whenever a disability from an occupational disease occurs to any em-
ployee it shall be the duty of the employer promptly upon obtaining knowl-
edge or notice thereof, to at once report such disability to the Commission,
and also to any local representative of the Commission. Such report shall
state (a) the time, cause and nature of the disability, and the probable
duration; (b) whether the disability from an occupational disease arose out
of and in the course of the injured person's employment; (c) any other
matters the rules and regulations of the Commission may prescribe.