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Session Laws, 1982
Volume 742, Page 4502   View pdf image
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Ch. 820

decided. For the purposes of this section the word "person"
shall be deemed to include the Subsequent Injury Fund as
created by § 66 of this article and no award shall be made
against such fund by the Commission or by any court unless
the fund is a party to the proceeding and is represented by
counsel. In the event that an appeal shall be taken to court
other than the circuit court of the county [or to a
common-law court of Baltimore City] having jurisdiction over
the place where the accident occurred or over the person
appealing from such decision, the court shall on motion of
either party transfer such appeal to the proper tribunal, so
that the said appeal may be heard on its merits in the court
having jurisdiction to hear the same. 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
reversed, modified, or remanded to the Commission for
further proceedings. 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
provided, however, that in all appeals in which occupational
diseases are involved, the findings of fact by the
Commission shall be final and not subject to review or
modification by the court or be submitted to a jury. 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. In the event a claimant needs
additional medical attention pending any appeal as provided
herein, the Commission shall retain jurisdiction to
entertain a request for additional medical treatment and
attention and may issue a supplemental order requiring the
employer to furnish additional medical treatment and
attention, which order is subject to review on the pending
appeal. An appeal shall not be a stay of any order of the
Commission directing payment of compensation or any order or
supplemental order requiring the furnishing of medical
treatment. If the decision of the Commission shall be
confirmed, reversed, modified, or remanded to the Commission
for further proceedings, the practice prevailing in civil
cases as to the payment 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
impartial trail 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 transmitted to some other
of the circuit courts of the counties[, or common-law courts
of Baltimore City] for trial. Appeal shall lie from the
judgment of the circuit court of the county [or the
common-law courts of Baltimore City] to the Court of Special
Appeals as in other civil cases subject to the jurisdiction
of the Court of Special Appeals. All appeals from the
Commission shall have precedence over all cases except
criminal cases.


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Session Laws, 1982
Volume 742, Page 4502   View pdf image
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