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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 3145   View pdf image (33K)
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WORKMEN'S COMPENSATION. 3145

Notwithstanding this section, illegitimate children are not entitled to workmen's
compensation benefits. Scott v. Independent Ice Co., 135 Md. 350 (decided prior
to act of 1920, ch. 356).

This section referred to in construing sec. 36—see notes thereto. Scott v. Inde-
pendent Ice Co., 135 Md. 345.

This section referred to in construing sec. 56—see notes thereto. Brenner v. Bren-
ner, 127 Md. 193.

An. Code, sec. 62. 1914, ch. 800, sec. 61. 1920, ch. 456, sec. 62.

64. In any proceeding for the enforcement of a claim for compensation
under this Article, it shall be presumed in the absence of substantial evi-
dence to trie contrary:

(a) That the claim comes within the provisions of this Article.

(b) That sufficient notice thereof was given.

(c) That the injury was not occasioned by the wilful intention of the
injured employee to bring about the injury or death of himself or of
another.

(d) That the injury did not result solely from the intoxication of the
injured employee while on duty.

(e) That there has been no prejudice caused by failure to file claim
within thirty (30) days.

Where commission, apparently acting within the scope of its authority, awards
compensation and facts are alleged to deprive it of jurisdiction, the burden of
establishing such facts is upon party asserting them. It does not follow from de-
cedent's being engaged in longshore work that he was employed as a stevedore or
in maritime work, or that he was on the navigable waters of harbor at time of his
death. Jurisdiction of commission not open to collateral attack. Taylor v. Ramsay
Co., 139 Md. 123.

See notes to secs. 14 and 56.

An. Code, sec. 63. 1914, ch. 800, sec. 62. 1916, ch. 597. 1916, ch. 86. 1920, ch. 456, sec. 63.
1922, ch. 303, sec. 63. 1922, ch. 529, sec. 63. 1924, ch. 217.

65. Definitions as used in this Article:

(1) "Extra-hazardous employment" means a work or occupation de-
scribed in Section 32 of this Article.

(2) " Employer," except when otherwise expressly stated, means a
person, partnership, association, corporation, and the legal representatives
of a deceased employer, or the receiver or trustee of a person, partnership,
association or corporation employing workmen in extra-hazardous employ-
ments.

(3) " Employee " means a person who is engaged in an extra-hazardous
employment in the service of an employer, carrying on or conducting the
same upon the premises or at a plant, or in the course of his employment
away from the plant of his employer, and shall not include farm laborers.
" Farm Laborers," as used in this Article, shall mean any employes who,
at the time of the accident, are engaged in rendering any agricultural
service, including the threshing or harvesting of crops, or who, at the
time of the accident, are engaged in service incidental to and in connection
with agricultural pursuits or developments, whether the employer be the
farmer or other person undertaking or contracting with the farmer to
perform any such agricultural service, pursuit or development. This
Article shall not apply to farm laborers, domestic servants, nor to country

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 3145   View pdf image (33K)
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