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Session Laws, 1953
Volume 606, Page 966   View pdf image (33K)
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966 LAWS OF MARYLAND [CH. 509

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 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. Provided, however, that in all appeals in which occupa-
tional diseases are involved, the findings of fact by the State
Industrial Accident Commission shall be final and not sub-
ject 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 ap-
peal shall be entertained unless notice of appeal shall have
been served personally upon some member of the Commis-
sion or the Secretary 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 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 sugges-
tion in writing, under oath, of either of the parties to said
proceedings that such party cannot have a fair and impar-
tial trial in the Court in which the same may be pending,
the said Court shall order and direct the record of proceed-
ings 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 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 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
Commission, and shall represent it in all proceedings when-


 

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Session Laws, 1953
Volume 606, Page 966   View pdf image (33K)
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