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Session Laws, 1935
Volume 579, Page 1133   View pdf image (33K)
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HARRY W. NICE, GOVERNOR. 1133

his interests under this Article, may have the same re-
viewed by a proceeding in the nature of an appeal and
initiated in the Circuit Court of the county or in the Com-
mon 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 deter-
mine 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 mis-
construed the law and f acts applicable. in the case decided.
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 hear-
ing 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 ques-
tion 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 fol-
lowing 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 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 trans-
mitted 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 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

 

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Session Laws, 1935
Volume 579, Page 1133   View pdf image (33K)
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