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Session Laws, 1939
Volume 581, Page 1004   View pdf image (33K)
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1004 LAWS OF MARYLAND. [CH. 465

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 ap-
pealed from. An appeal shall not be a stay. If the decision of
the Commission 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 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 judg-
ment 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 compensation
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 Com-
mission, and shall represent it in all proceedings whenever so
requested by any of the Commissioners. In all Court proceed-
ings under or pursuant to this Article, the decision of the
Commission shall be prima facie correct and the burden of
proof shall be upon the party attacking the same.

65. Definitions as used in this Article:

(1) "Extra-hazardous employment" means a work or occu-
pation described in Section 32 of this Article.

(2) "Employer", except when otherwise expressly stated,
means a person, partnership, association, corporation, and the
legal representatives, of a deceased employer, or the receiver
or trustee of a person, partnership, association or corporation
employing workmen in extra-hazardous employments.

(3) "Employee" means a person who is engaged in an extra-
hazardous employment in the service of an employer, carry-
ing on or conducting the same upon the premises or at a plant,
or in the course of his employment away from the plant of his
employer, and shall not include farm laborers. "Farm labor-
ers" as used in this Article, shall mean any employees who, at
the time of the accident, are engaged in rendering any agricul-


 

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Session Laws, 1939
Volume 581, Page 1004   View pdf image (33K)
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