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1929 Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 376, Page 651   View pdf image (33K)
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WORKMEN'S COMPENSATION. 651
Appeals.

An. Code, 1924, sec. 56. 1914, ch. 800, sec. 55. 1927, ch. 587.

56. Any employer, employe, beneficiary or person feeling aggrieved
by any decision of the Commission affecting his interests under this Article,
may have the same reviewed by a proceeding in the nature of an appeal
and initiated in the Circuit Court of the county or in the Common Law
Courts of Baltimore City having jurisdiction over the place where the
accident occurred or over the person appealing from such decision, and the
Court shall determine whether the Commission has justly considered all
the facts concerning injury, whether it has exceeded the powers granted it
by the Article, whether it has misconstrued the law and facts applicable in
the case decided. If the Court shall determine that the Commission has
acted within its powers and has correctly construed the law and facts, the
decision of the Commission shall be confirmed; otherwise it shall be re-
versed or modified. Upon the hearing of such an appeal the Court shall,
upon motion of either party filed with the Clerk of the Court according to
the practice in civil cases, submit to a jury any question of fact involved in
such case. The proceedings in every such an appeal shall be informal and
summary, but, full opportunity to be heard shall be had before judgment
is pronounced. No such appeal shall be entertained unless notice of appeal
shall have been served personally upon some member of the Commission
within thirty days following the rendition of the decision 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 pay-
ment of costs and the fees of medical and other witnesses shall apply. In
all such appeals upon suggestion in writing, under oath, of either of the
parties to said proceedings that such party cannot have a fair and impar-
tial trial in the Court in which the same may be pending, the said Court
shall order and direct the record of proceedings in such appeal to be trans-
mitted to some other of the Circuit Courts of the Counties, or Common
Law Courts of Baltimore City for trial. Appeal shall lie from the judg-
ment of the Circuit 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.

In all cases where compensation is awarded on appeal, whether by an
affirmance, reversal or modification or1 an order of the State Industrial
Accident Commission, the claimant shall be entitled to receive, in addition
to the compensation awarded, interest at the rate of six per cent, per annum
on any installments of compensation not paid as they matured under the
award of the Commission or would have matured had the same compensa-
tion been awarded by the Commission at the time of passing its order from
which the appeal is taken.

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,

1 Evidently a typographical error in the act.


 

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1929 Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 376, Page 651   View pdf image (33K)
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