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Session Laws, 1933 Session
Volume 421, Page 955   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR. 955

Article, and whether it has misconstrued the law and facts
applicable in the case decided as disclosed by the record
aforesaid or such stipulation. 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 re-
versed 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 disclosed by such
record or stipulation involved in such case. 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; provided, however, that if a
petition to reopen is filed with the Commission within said
thirty days stating in writing the reasons therefor, then
the time for serving the aforesaid notice of appeal shall
be extended for thirty days following the action of the
Commission upon said petition. An appeal shall not
be a stay. If the decision of the Commission shall be
changed or modified, the practice prevailing in such 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 pro-
ceedings 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 Cir-
cuit Courts of the Counties or Common Law Courts of Bal-
timore 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. All appeals under this Article 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 or an
order of the State Industrial Accident Commission, the
claimant shall be entitled to receive, in addition to the com-
pensation 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 when-

 

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Session Laws, 1933 Session
Volume 421, Page 955   View pdf image (33K)
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