1538 LAWS OF MARYLAND. [CH. 608

enforce for their benefit, as the case may be, the liability
of such other person; provided, however, if damages are
recovered in excess of the compensation already paid or
awarded to be paid under this Article, and also any pay-
ments made for medical or surgical services, funeral
expenses or for any of the other purposes enumerated in
Section 49 of this Article, then any such excess shall be
paid to the injured employee, or in case of death to his
dependents less the expenses and costs of action incurred
by the employer, insurance company, association or State
Accident Fund as the case may be. If any such employer,
insurance company, association or State Accident Fund
shall not, within two months from the passage of the
award of this Commission, start proceedings to enforce
the liability of such other person, the injured employee,
or in case of death, his dependents, may enforce the
liability of such other person provided, however, that if
damages are recovered the injured employee or in case of
death his dependents may first retain therefrom the ex-
penses and costs of action incurred by the said employee
or in case of death his dependents, and the employer,
insurance company, association or the State Accident Fund,
as the case may be, shall be reimbursed for the compen-
sation already paid or awarded and any amount or
amounts paid for medical or surgical services, funeral
expenses or for any of the other purposes enumerated
in Section 49 of this Article, except Court costs and counsel
or attorney's fees, which shall be paid by the injured
employee and/or his dependents, and the employer, insur-
ance company, association or State Accident Fund in
the proportion that the amount received by each shall
bear to the whole amount paid in settlement of any
claim or satisfaction of any judgment obtained
in the case, and the balance in excess of these items
shall enure to the injured employee, or in case of death,
to his dependents, and the amount thus received by the
injured employee or in case of death by his dependents
shall be in lieu of any award that might otherwise have
been made thereafter in the same case under the pro-
visions of this Article and said case shall thereupon be
deemed to have been finally settled and closed.

SEC. 2. And be it further enacted, That this Act shall
take effect June 1, 1947.

Approved April 25. 1947.