1326 ARTICLE 101.

services or treatment rendered or supplies furnished pursuant to Section
37 of this Article, shall not be enforceable unless approved by the Com-
mission. If so approved, such claim or claims shall become a lien upon the
compensation awarded, but shall be paid therefrom only in the manner
fixed, by the Commission. Upon application of any party in interest, the
Commission shall have full power to hear and determine any and all
questions which may arise concerning legal services rendered in connection
with any claim under this Article, and may order any attorney or other
person receiving the same, to refund to the person paying the same, any
portion of any charge for legal services which the Commission may, in its
discretion, deem excessive. Orders of the Commission regulating payments
and refunds for legal services may be enforced in the courts of this State
in like manner as awards for compensation under this Article.
See notes to sec. 14.

Miscellaneous.
58.

This section does not create new liability, but designates manner of enforcing
liability theretofore existing and changes parties benefited. Not necessary to
make state legal plaintiff in case suit is brought by dependents of deceased em-
ployee; jury may apportion verdict among dependents, after awarding insurer
amount paid by latter. Fall of scantling—presumption of negligence. Clough
& Molloy v. Shilling, 149 Md. 192.

Injured employee or dependents not entitled to damages recovered from
"other person" until employer is reimbursed for all payments under award, in-
cluding court costs; counsel of widow of employee in suit against tort feasor
not entitled to compensation from insurer. Widow not statutory agent of in-
surer. Barrett v. Indemnity Co., 152 Md. 259.

In suit by injured employee against person other than employer, not necessary
for jury to find no action by employer or insurer was brought, if this is con-
ceded. Entry to use of employer or insurer; apportionment of verdict. Stark
v. Gripp, 150 Md. 657.

In suit against tort-feasor by insurer, defendant's liability is independent of
fact and amount of award, the insurer being subrogated to rights of dependents,
and measure of damages is same as if dependents had proceeded against him In
first instance. Demurrer. Parties in interest. Md. Casualty Co. v. Elec. Mfg.
Co., 145 Md. 646.

Chauffeur of owner of truck while driving around city block at request of
foreman of repair shop to test repairs not acting in scope of employment.
Trautman v. Warfield & Rohr Co., 151 Md. 418.

Provision authorizing employee or his dependents to sue if employer or in-
surer fails to bring suit wtihin two months, does not restrict to such period
employer's or insurer's right of action. Concurrent rights of action; one recov-
ery. State v. Francis, 151 Md. 149.

Employer, if not self-insured, not necessary party to enforce liability of third
person. Piling of freight. Contributory negligence. Texas Co. v. W., B. & A. R.
Co., 147 Md. 171.

Effect of failure of employer or insurer to sue within two months. Md. Gas.
Co. v. Elec. Mfg. Co., 145 Md. 652; State v. Francis, 151 Md. 151.

When employee of contracting firm loaned to another company, compensation
having been awarded against contracting firm and suit brought against other
company under this section, held question for jury whether he was servant of
defendant or of contracting firm; contributory negligence also for jury Sugar
Refining Co. v. Gilbert, 145 Md. 254.

Duty of police officer to use care in performing duties; failure to use such
care amounting to contributory negligence, he may not recover for injury.
Collision with truck; excessive speed. Sudbrook v. State, 153 Md. 195.