3688 ARTICLE 101

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 be¹ required by the rules of
the Commission.

Ch. 237, 1935,. extending period for filing report of attending physician from 30 to 60
days, controlled the period of limitations applicable to claim filed on account of injury
received on May 13, 1935. Baltimore v. Perticone, 171 Md. 277.

Claim filed day before last day allowed no legal ground for complaint by employer and
insurer, even though such delay prevented reimbursement suit against a third person
responsible for accident within the year allowed for so doing. Greenwald, Inc. v. Powder-
maker, 170 Md. 180.

Where injured employee, failing to file claim within year on assurance of employer
that he would be taken care of, employer estopped from setting up defense of laches.
Parks & Hull Appliance Corp. v. Reimsnyder, Daily Record, Jan. 6, 1940.

Where delay beyond thirty days in filing claim was not raised as bar to proceeding
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. 78. Estoppel 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. 72—see notes thereto. State v. Francis,
151 Md. 150.

This section referred to in construing sec. 70—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 as 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. 48. 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.

52. 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
motion, require the claimant to appear before an arbitration committee
appointed by it and consisting of one representative of employees, one repre-
sentative 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