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Session Laws, 1927
Volume 569, Page 1214   View pdf image (33K)
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1214 LAWS OF MARYLAND. [CH. 587

SECTION 1. Be it enacted by the General Assembly of
Maryland, That Section 56 of Article 101 of the Code of Pub-
lic General Laws of Maryland, Edition of 1924, title "Work-
men's Compensation, " sub-title "Appeals, " be and the same is
hereby repealed and re-enacted with amendments so as to read
as follows:

Section 56. Any employer, employe, beneficiary or person
feeling aggrieved by any decision of the Commission affecting
his interests under this Act, may have the same reviewed by a
proceeding in the nature of an appeal and initiated in the Cir-
cuit 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 deci-
sion, and the Court shall determine whether the Commission
has justly considered all the facts concerning injury, whether
it has exceeded the powers granted it by the Act, whether it
has misconstrued the law and facts applicable in the case de-
cided. 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 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 according to the practice in
civil cases, submit to a, jury any question of fact involved in
such case. 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
personally 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 Commis-
sion shall be changed or modified, the practice prevailing in
civil cases as to the payment of costs and the fees of medical
and other witnesses shall apply. In all such appeals upon sug-
gestion 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

 

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Session Laws, 1927
Volume 569, Page 1214   View pdf image (33K)
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