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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 1323   View pdf image (33K)
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WORKMEN'S COMPENSATION. 1323

powers granted it by the Article, and whether it has misconstrued the law
and facts applicable in the case decided. 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 or modified. 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. 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. No such appeal shall be
entertained unless notice of appeal shall have been served personally upon
some member of the Commission within thirty days following the rendition
of the decision appealed from. An appeal shall not be a stay. If the
decision of the Commission shall be changed or modified, 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 trial 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
Appeals as in other civil cases, and such appeals shall have precedence
over all cases except criminal cases.

In all cases where compensation is awarded on appeal, whether by an
affirmance, reversal or modification of an order of the State Industrial
Accident Commission, the claimant shall be entitled to receive, in ad-
dition to the compensation awarded, interest at the rate of six per cent,
per annum on any installments of compensation not paid as they matured
under the award of the Commission or would have matured had the
same compensation been awarded by the Commission at the time of
passing its order from which the appeal is taken.

The Attorney General shall be the legal advisor of the Commission, and
shall represent it in all proceedings whenever so requested by any of the
Commissioners. In all Court proceedings under or pursuant to this
Article, the decision of the Commission shall be prima facie correct and
the burden of proof shall be upon the party attacking the same.

Under this section and sec. 63, principal contractor and its insurer entitled to
participate in appeal by sub-contractor, in order to protect rights under sec. 62;
better practice to petition for amendment of titling. Core Constructing Co. v.
Schaeffer, " 151 Md. 502 (decided prior to act 1927, ch. 587).

Where testimony of witnesses before commission is read to Jury, court prop-
erly refused to allow same witnesses repeat testimony to Jury. Case may be
tried before court without Jury. Harvey v. Roche & Son, 148 Md. 366 (decided
prior to act 1927, ch. 587).

Proceedings before commission, and upon appeal are "informal and sum-
mary" and formal pleadings have no place in them; issues properly rejected.
Prayers. "Arising out of and in course of employment. " Owners' Realty Co.
v. Bailey, 153 Md. 278 (decided June 9, 1927).


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 1323   View pdf image (33K)
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