WORKMEN'S COMPENSATION 3693

An. Code, 1924, sec. 54. 1912, sec. 54. 1914, ch. 800, sec. 53. 1931, ch. 342. 1935, ch. 236.

1939, ch. 465, sec. 54.

66. The powers and jurisdiction of the Commission over each case
shall be continuing, and it may, from time to time, make such modifica-
tions or changes with respect to former findings or orders with respect
thereto as in its opinion may be justified; provided, however, that no modi-
fication or change of any final award of compensation shall be made by
the Commission unless application therefor shall be, made to the Com-
mission within three years next following the last final award of compen-
sation, but no award shall be considered a final award under this Section
unless it shall have been so designated on the award by the Commission.
In cases where no final award shall have been made by the Commission,
but an award not designated as a final award shall have been made by the
Commission, no additional award or awards of compensation shall be made
by the Commission unless application therefor be made to the Commission
within three years next following the last payment of compensation under
such award or awards not designated by the Commission as final. However,
in all occupational disease cases application to the Commission for a modi-
fication or change in any final. award must be made within one year
thereafter.

The State Industrial Accident Commission shall not pass any order or
make any, award designated as a final order or award, except after a hear-
ing, or unless the parties shall have been afforded an opportunity to ask for
a hearing or unless the parties shall consent to the passage of such filial
order or award.

This section referred to in construing Sec. 63. Victory, etc., Co. v. Saxton, 170 Md. 452.

The powers conferred on the Commission to make modifications or changes in former
orders not limited by Sec. 55, but refusal to reopen case for reconsideration of question
previously determined is not appealable. Stevenson v. Hill, 170 Md. 676.

Ch. 236, 1935, extending from one to three years' time for application to Commission
for modification, etc., of final award and that award shall not be considered final unless
so designated, is not retroactive so as to permit reopening of claim once closed under
one year limitation of previous act. Dashiell v. Candy Shops, 171 Md. 72.

If case is remanded, Commission may pass new order adopting the amounts fixed in
earlier award or ascertaining new amounts. Emmitsburg R. Co. v. Lowe, 157 Md. 50.

This section referred to in construing secs. 55 and 70. Gold Dust Corp. v. Zabawa; 159
Md. 667.

Where amputation of leg due to injury, award of temporary total disability was made
and weekly sum for permanent partial disability to begin after expiration of total partial
disability, and employee died as result of 'injury while totally disabled, Commission
properly-rescinded award for permanent partial disability and awarded widow compensa-
tion for his death under authority of this section. Gratz v. Bethlehem Steel Co., 162
Md. 34.

The amendment to this section by ch. 342, 1931; providing that application for modi-
fication of final award must be made, within one-year, held to apply to awards made
prior to June 1, 1931, as well as those "made thereafter, as it affected procedure and not
substantial rights. Ireland v. Shipley, 165 Md. 96.

This section referred to in construing sec. 70. Saf-T-Cab Service v. Terry, 167 Md. 48.

Cited but not construed in Balto. Pub. Co. v. Hendricks, 156 Md. 80.

This section. does not authorize commission to abate, upon her marriage; benefits
awarded to sister of decedent. The question, of whether commission, may, under this
section and sec. 62, change its award for purpose of reapportioning the compensation
among the dependents, not passed on. Adleman v. Ocean Accident & G. Cor., 130 Md.
573. And see Accident Fund v. Jacobs' Admr., 140. Md. 627

This section referred to in holding that an order of commission denying a motion
to reopen a case is appealable. Bethlehem Corp. v. Simmons, 143 Md. 509.

This section referred to in construing sec. 48—see notes thereto: Accident Fund v.
Jacobs' Admr., 140 Md. 627.