WORKMEN'S COMPENSATION. 1321
as in its opinion may be justified; provided, however, that no modification
or change of any final award of compensation shall be made by the Com-
mission unless application therefor shall be made to the Commission
within three years next following the last final award of compensation,
but no award shall be considered a final award under this section unless
it shall have been so designated on the award by the Commission. In
cases where no final award shall have been made by the Commission, but
an award not designated as a final award shall have been made by the
Commission, no additional award or awards of compensation shall be made
by the Commission unless application therefor be made to the Commission
within three years next following the last payment of compensation under
such award or awards not designated by the Commission as final.
The State Industrial Accident Commission shall not pass any order or
make any award designated as a final order or award, except after a
hearing, or unless the parties shall have been afforded an opportunity to
ask for a hearing, or unless the parties shall consent to the passage of
such final order or award.
If case is remanded, Commission may pass new order adopting the amounts
fixed in earlier award or ascertaining new amounts Emmitsburg R. Co. v.
Lowe, 157 Md. 50.
This section referred to in construing secs. 43 and 56. Gold Dust Corp. v.
Zabawa, 159 Md. 667.
Where amputation of leg due to injury, award of temporary total disability
was made and weekly sum for permanent partial disability to begin after expi-
ration of total partial disability, and employee died as result of injury while
totally disabled, Commission properly rescinded award for permanent partial
disability and awarded widow compensation for his death under authority of
this section. Gratz v. Bethlehem Steel Co., 162 Md. 34.
The amendment to this section by ch. 342, 1931, providing that application for
modification of final award must be made within one year, held to apply to
awards made prior to June 1, 1931, as well as those made thereafter, as it
affected procedure and not substantial rights. Ireland v. Shipley, 165 Md. 96.
This section referred to in construing sec. 56. Saf-T-Cab Service v. Terry,
167 Md. 48.
Cited but not construed in Balto. Pub. Co. v. Hendricks, 156 Md. 80.
Safety Rules.
An. Code, 1924, sec. 55. 1914, ch. 800, sec. 54. 1929, ch. 426, sec. 55.
55. The State Industrial Accident Commission is hereby authorized
and directed to formulate reasonable rules and regulations looking to the
establishment and maintenance of conditions of safety and to the preven-
tion of accidents in occupations covered by the provisions of this Article;
that said Commission is hereby authorized and empowered to employ a
competent and discreet person who shall be known as Director of Safety,
and two additional persons as Inspectors, the said employees to perform
such duties as may be required of them by the State Industrial Accident
Commission, and to receive such salaries as may be provided for them by
the budget of appropriations; no person shall be eligible for appointment
as Director of Safety unless he shall have had at least five years' experi-
ence in safety engineering work.
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