968 WORKMEN'S COMPENSATION. [ART. 101

appealed from. An appeal shall not be a stay. If the decision of the
Commission shall be changed or modified, the practice prevailing in
civil cases as to the payment of costs and the fees of medical and other
witnesses shall apply. Appeal shall lie from the judgment of the Cir-
cuit Court of the County or the Common Law Courts of Baltimore
City to the Court of Appeals as in other civil cases, and such appeals,
shall have precedence over all cases except criminal cases.

The attorney-general shall be the legal adviser of the Commission
and shall represent it in all proceedings whenever so requested by any
of the commissioners. In all court proceedings under or pursuant to
this article, the decision of the Commission shall be prima facie cor-
rect and the burden of proof shall be upon the partty attacking the
same.

1914, ch. 800, sec. 56.

57. If the Commission or the Court before which any proceedings
for compensation or concerning an award of compensation have been
brought, under this article, determines that such proceedings have not
been so brought upon reasonable ground, it shall assess the whole cost
of the proceeding upon the party who has so brought them. Claims
for legal services in connection with any claims arising under this
article and claims for services or treatment rendered or supplies fur-
nished pursuant to Section 37 of this article, shall not be enforceable
unless approved by the Commission. If so approved, such claim or
claims shall become a lien upon the compensation awarded, but shall be
paid therefrom only in the manner fixed by the Commission.

Miscellaneous.

1914, ch. 800, sec. 57.

58. Where the injury or death for which compensation is payable
under this article was caused under circumstances creating a legal lia-
bility in some person, other than the employer, to pay damages in
respect thereof, the employe or, in case of death, his personal repre-
sentative or dependents as hereinbefore defined, may proceed either by
law against that other person to recover damages or against the em-
ployer for compensation under this article, or in case of joint tort
feasors against both; and if compensation is claimed and awarded or
paid under this article any employer may enforce for the benefit, of
the insurance company or association carrying the risk or the State
Accident Fund, or himself, as the case may be, the liability of such
other person; provided, however, if damages are recovered in excess
of the compensation already paid or awarded to be paid under this
article, then any such excess shall be paid to the injured employe or,
in case, of death, to his dependents, less the employer's expenses and
costs of action.