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Session Laws, 1957
Volume 640, Page 1506   View pdf image (33K)
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1506                                Laws of Maryland                         [Ch. 814

39. (a) The Commission shall make or cause to be made such in-
vestigation of any claim as it deems necessary, and upon application
of either party, shall order a hearing. Within thirty days after a
claim for compensation is submitted under this section, or such hear-
ing concluded the Commission shall make or deny an award, deter-
mining such claim for compensation, and file same in the office of the
Commission.

(b)  If aggravation, diminution or termination of disability takes
place or is discovered after the rate of compensation shall have been
established or compensation terminated in any case, the Commission
may, upon the application of any party in interest or upon its own
motion, readjust for future application the rate of compensation, or
in a proper case, terminate the payments.

(c)  The powers and jurisdiction of the Commission over each case
shall be continuing, and it may, from time to time, make such modi-
fications or changes with respect to former findings or orders with
respect thereto as in its opinion may be justified; provided, however,
that no modification or change of any 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 payment
of compensation.

(d)  When it shall be established that failure to file an application
for change or modification was induced or occasioned by fraud, or by
facts and circumstances amounting to an estoppel, application for
change or modification shall be filed within one year from the time of
the discovery of the fraud or within one year from the time when the
facts and circumstances amounting to an estoppel cease to operate
and not afterwards.

48. No compensation shall be allowed for three calendar days after
the beginning of disability, except disbursements herein authorized
for medical, nurse and hospital services and medicines and for fu-
neral expenses; provided, however, that in case the injury results in
disability of more than twenty-eight days, compensation shall be
allowed from the date of disability. The day on which the injury
occurred shall be included in computing this waiting period, if the
employee was not paid for such day.

50. In every case providing for compensation to an employee or
his dependent, excepting temporary disability, the Commission may,
if in its opinion the facts and circumstances of the case warrant it,
convert the compensation to be paid in a partial or total lump sum,
without discount [.]; provided, however, that in all permanent total
disability cases, the Commission shall direct such lump sum to be
reimbursed to the employer or insurer by providing in its order that
a portion, as fixed by the Commission, of each weekly payment pay-
able to the employee under such award, shall be retained by the
employer or insurer, each week, until the amount granted in a lump
sum shall have been repaid.

58. If the Commission or the Court before which any proceedings
for compensation or concerning an award of compensation have been
brought, under this Article, determines that such proceedings have
not been so brought upon reasonable ground, it shall assess the whole
cost of the proceedings upon the party who has so brought them, in-

 

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Session Laws, 1957
Volume 640, Page 1506   View pdf image (33K)
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