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Session Laws, 1931
Volume 580, Page 1059   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR.                 1059

men's Compensation, " sub-title "Appeals, " changing the
procedure in the trial of appeals from any decision of the
State Industrial Accident Commission.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That Section 56 of Article 101 of the 1929 Supple-
ment to the Annotated Code of the Public General Laws of
Maryland, entitled "Workmen's Compensation, " sub-title "Ap-
peals, " be and the same is hereby repealed and re-enacted, with
amendments, to read as follows:

56. Any employer, employe, beneficiary or person feeling
aggrieved by any decision of the Commission affecting his in-
terests under this Article, 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 de-
cision, and the court shall, from the record made before the
Commission (or upon any stipulation of the facts which may
be agreed to and signed by the parties and filed with such ap-
peal), determine whether the Commission has exceeded the
powers granted it by the Article, and whether it has mis-
construed 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 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 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.
An appeal shall not be a stay. If the decision of the Com-
mission 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 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

 

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Session Laws, 1931
Volume 580, Page 1059   View pdf image (33K)
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