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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3695   View pdf image (33K)
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An. Code, 1924, sec. 56. 1914, ch. 800, sec. 55. 1927, ch. 587. 1931, ch. 406. 1933, ch. 508.
1935, ch. 545. 1939, ch. 465, sec. 56.

70. Any employer, employee, beneficiary or person feeling aggrieved
by any decision of the Commission affecting his interests under this Arti-
cle, may have the same reviewed by a proceeding in the nature of an appeal
and initiated in the Circuit Court of the county or in the Common Law
Courts of Baltimore City having jurisdiction over the place where the
accident occurred or over the person appealing from such decision, and the
Court shall determine whether the Commission has justly considered all
the facts concerning the injury, whether it has exceeded the powers granted
it by the Article, and whether it has misconstrued the law and facts ap-
plicable in the case decided. If the Court shall determine that the Commis-
sion 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 accord-
ing to the practice in civil cases, submit to a jury any question of fact
involved in such case. Provided, however, that in all appeals in which
occupational diseases are involved, the findings of fact by the State Indus-
trial Accident Commission shall be final and not subject to review or
modification by the Court or be submitted to a jury. 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 per-
sonally 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 prac-
tice prevailing in civil cases as to the payment of costs and the fees of medi-
cal 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 addi-
tion 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 adviser 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 Arti-
cle, the decision of the Commission shall be prima facie correct and the
burden of proof shall be upon the party attacking the same.


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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3695   View pdf image (33K)
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