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Maryland Manual, 1915-16
Volume 126, Page 298   View pdf image (33K)
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298 MARYLAND MANUAL.

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 Com-
mission and shall represent it in all proceedings whenever so
requested by any of the Commissioners. In all court proceed-
ings under or pursuant to this Act, the decision of the Com-
mission shall be prima facie correct and the burden of proof
shall be upon the party attacking the same.

SEC. 56. If the Commission or the Court before which any
proceedings for compensation or concerning an award of com-
pensation have been brought, under this Act, 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 Act and
claims for services or treatment rendered or supplies fur-
nished pursuant to Section 36 of this Act, shall not be en-
forceable unless approved by the Commission. If so ap-
proved, such claim or claims shall become a lien upon the com-
pensation awarded, but shall be paid therefrom only in the
manner fixed by the Commission.

SEC. 57. Where the injury or death for which compensa-
tion is payable under this Act was caused under circumstances
creating a legal liability in some person, other than the em-
ployer, to pay damages in respect thereof, the employee or,
in case of death, his personal representative or dependents as
hereinbefore defined, may proceed either by law against that
other person to recover damages or against the employer for
compensation under this Act, or in case of joint tort-feasors
against both; and if compensation is claimed and awarded, or
paid under this Act 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 Act, then any such excess shall
be paid to the injured employee or, in case of death, to his
dependents, less the employer's expenses and costs of action.

SEC. 58. If the provisions of this Act relative to compensa-
tion for injuries to or death of employees become invalid be-
cause of any adjudication, or be repealed, the period, inter-
vening between the occurrence of any injury or death, not

 

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Maryland Manual, 1915-16
Volume 126, Page 298   View pdf image (33K)
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