1318 ARTICLE 101.

physician, provided he was attended by a physician of his own selection,
within sixty days after the beginning of his disability, for which com-
pensation is claimed, and failure to do so, unless excused by the Commis-
sion, 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; provided, however, that failure of
an employee to file a claim for compensation within one year after the
beginning of his disability shall constitute a complete bar to any claim
under this Article, unless it shall be established that failure to file such
claim was induced or occasioned by fraud, or by facts and circumstances
amounting to an estoppel, in which case the claim shall be filed within one
year from the time of the discovery of the fraud, or within one year from
the time when the facts and circumstances amounting to an estoppel cease
to operate, and not afterwards.

When death results from injury the parties entitled to compensation
under this Article, or someone 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.

Where delay beyond thirty days in filing claim was not raised as bar to pro-
ceeding in first instance, and where award was made and paid for nearly a
year, and delay in filing claim is first raised on application for continuation of
compensation, such delay cannot be considered. Dickson, etc., Co. v. Beasley,
146 Md. 571.

This section is mandatory in a death case, and commission may not excuse its
non-compliance, notwithstanding sec. 63. Estopped not made out. Notice not
equivalent to application. Limitations must be specially pleaded. Vang Constr.
Co. v. Marcoccia, 154 Md. 403.

This section referred to in construing sec. 58—see notes thereto. State v.
Francis, 151 Md. 150.

This section referred to in construing sec. 56—see notes thereto. Owners'
Realty Co. v. Bailey, 153 Md. 278.

The Commission may, in its sound discretion, not at its pleasure, excuse delay
in filing application us provided by. this section, the discretion to be exercised
according to the rules of reason and principles of law. Broniszewski v. B. & O.
R. R. Co., 156 Md. 447.

This section referred to in construing sec. 36. Baking Co. v. Reissig, 164 Md.
21.

Cited but. not construed in Shipbuilding Co. v. Praviewski, 156 Md. 415;
Tobacco Co. v. Goslin, 163 Md. 78.

An. Code, 1924, sec. 40. 1912, sec. 40. 1914, ch. 800, sec. 39. 1931, ch. 364.
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 compensa-
tion 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 con-
clusions 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