HERBERT R. O'CONOR, GOVERNOR. 1003

be justified; provided, however, that no modification or
change of any final award of compensation shall be made by
the Commission unless application therefor shall be made to
the Commission within three years next following the last
final award of compensation, but no award shall be con-
sidered a final award under this Section unless it shall have
been so designated on the award by the Commission. In
cases where no final award shall have been made by the Com-
mission, but an award not designated as a final award shall
have been made by the Commission, no additional award or
awards of compensation shall be made by the Commission
unless application therefor be made to the Commission within
three years next following the last payment of compensation
under such award or awards not designated by the Commis-
sion as final. However, in all occupational disease cases ap-
plication to the Commission for a modification or change in
any final award must be made within one year thereafter.

The State Industrial Accident Commission shall not pass
any order or make any award designated as a final order or
award, except after a hearing, or unless the parties shall have
been afforded an opportunity to ask for a hearing or unless
the parties shall consent to the passage of such final order or
award.

56. Any employer, employee, 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
Circuit 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
decision, and the Court shall determine whether the Commis-
sion has justly considered all the facts concerning the injury,
whether it has exceeded the powers granted it by the Article,
and whether it has misconstrued the law and facts applicable
in the case decided. If the Court shall determine that the
Commission has acted within its powers and has correctly con-
strued 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. Provided, however, that in all appeals
in which occupational diseases are involved, the findings of
fact by the State Industrial Accident Commission shall be final
and not subject to review or modification by the Court or be
submitted to a jury. 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