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Session Laws, 1955
Volume 620, Page 111   View pdf image (33K)
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THEODORE R. McKELDIN, GOVERNOR                   111

title "Workmen's Compensation", sub-title "Application of Article;
Extra-Hazardous Employments", relating to the effect of the find-
ings of the Medical Board as to reports filed with the State
Industrial Accident Commission.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That Section 28 of Article 101 of the Annotated Code of Maryland
(1951 Edition), title "Workmen's Compensation", sub-title "Applica-
tion of Article; Extra Hazardous Employments", be and it is hereby
repealed and re-enacted, with amendments, to read as follows:

28. The Medical Board shall file with the State Industrial Accident
Commission the records of all proceedings had before the Medical
Board, including transcript of the testimony of all witnesses appear-
ing on behalf of the claimant and the employer, together with its own
report and findings upon all medical questions involved in the claim.
Included in such record shall be the findings of the Medical Board,
determining the nature of the disease, the extent of injury and the
degree of disability sustained by the claimant.

Upon the filing of the record of the proceedings by the Medical
Board, the State Industrial Accident Commission shall send a certified
copy of such findings to the claimant or claimants and to the employer
and his insurance carrier, if any. In the event that either the
claimant or claimants or the employer or the insurance carrier shall
feel aggrieved by any decision of the Medical Board, either party may,
within thirty (30) days after the filing with the State Industrial
Accident Commission of the record of the proceedings before the
Medical Board as herein provided, file a petition with the State
Industrial Accident Commission, requesting the State Industrial
Accident Commission to review the record and the proceedings before
the Medical Board. If no petition for review has been filed with the
State Industrial Accident Commission within said thirty-day period
from the filing of the Medical Board's findings and report, the State
Industrial Accident Commission shall render its decision or award,
which shall conform to the findings in such report and the decision
of the Medical Board as to medical questions. In the event that a
petition for review by the State Industrial Accident Commission of
the findings and report of the Medical Board has been filed, as herein
provided, the State Industrial Accident Commission shall review the
proceedings, findings and report of the Medical Board, and upon the
record thus made shall render its decision or award upon all issues
referred to the Medical Board [, provided, however, that upon such
review the findings of the Medical Board upon all medical questions
shall be presumed to be correct and such findings shall not be set aside
or reversed if there is legally sufficient evidence in the record to
support such findings]. In any hearing, as provided for in Sections
21-29 of this Article, held by the State Industrial Accident Commis-
sion in any case to determine any controversial questions, no finding
of fact by the State Industrial Accident Commission shall be subject
to be reviewed or be set aside, reversed or modified.

SEC. 2. And be it further enacted, That this Act shall take effect
June 1, 1955.

Approved March 24,1955.

 

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Session Laws, 1955
Volume 620, Page 111   View pdf image (33K)
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