3136 ARTICLE 101.
State Accident Fund, insurance company, or employer, as the case may be,
has not been prejudiced thereby, shall be a bar to any claim under this
article.
Whenever an accident occurs to any employe it shall be the duty of the
employer to at once report such accident and the injury resulting therefrom
to the Commission, and also to any local representative of the Commission.
Such report shall state (a) the time, cause and nature of the accident
and injuries, and the probable duration of the injury resulting therefrom;
(b) whether the accident arose out of or in the course of the injured person's
employment; (c) any other matters the rules and regulations of the Com-
mission may prescribe.
The burden is on claimant to produce evidence before commission sufficient to
excuse failure to give notice of accident within ten days, as provided by this section;
contents of record on appeal: appeal should be dismissed. Keystone Lime Co. v.
Kabat, 142 Md. 570.
An. Code, sec. 39. 1914, ch. 800, sec. 38. 1916, ch. 597, sec. 39. 1920, ch. 456, sec. 39.
39. When an employee is entitled to compensation under this Article
he shall file with the Commission his application and the report of the
physician, provided he was attended by a physician of his own selection,
within thirty days after the beginning of his disability, for which com-
pensation is claimed, and failure to do so unless excused by the Commission,
either on the ground that the insurance carrier or the employer has not been
prejudiced thereby, or for some other sufficient reason, shall be a bar to
any claim under this Article.
When death results from injury the parties entitled to compensation
under this Article, or some one in their behalf, shall make application for
same to the Commission within one year from the date of death, which
application must be accompanied with proof of death and proof of rela-
tionship under this Article, certificates of attending physician, if attended
by a physician, and such other proof as may be required by the rules of
the Commission.
An. Code, sec. 40. 1914, ch. 800, sec. 39.
40. The Commission shall make or cause to be made such investigation
of any claim as it deems necessary, and upon application of either party,
shall order a hearing and within thirty days after a claim for compensation
is submitted under this section, or such hearing closed, shall make or deny
an award, determining such claim for compensation, and file the same in
the office of the Commission, together with a statement of its conclusions
of fact and rulings of law. The Commission may, if it deems proper, on
the written application of any party in interest, or on its own motion,
require the claimant to appear before an arbitration committee appointed
by it and consisting of one representative of employes, one representative
of employers, and either a member of the Commission or a person specially
deputized by the Commission to act as chairman, before which the evidence
in regard to the claim shall be adduced and by which it shall be considered
and reported upon with the right of either party to appeal to the Commis-
sion from the finding of said arbitration committee on all questions of law
and fact.
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