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Session Laws, 1957
Volume 640, Page 1507   View pdf image (33K)
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Theodore R. McKeldin, Governor                  1507

eluding a reasonable attorney's fee. No person shall charge or col-
lect any compensation for legal services in connection with any
claims arising under this Article, or for services or treatment ren-
dered or supplies furnished pursuant to Section 36 of this Article,
unless the same be approved by the Commission. When so approved,
such [claim] fee or claims shall become a lien upon the compensa-
tion awarded, but shall be paid therefrom only in the manner fixed
by the Commission [.] , which may direct such fee or claims to be
paid in a lump sum to be deducted from the terminal weeks of com-
pensation payable under such award, and without discount; provided,
however, that in all permanent total disability cases, the Commission
shall direct such fee or claims to be reimbursed by the injured em-
ployee 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 em-
ployer or insurer, each week, until the amount of the fee or claims
shall have been repaid.
Upon application of any party in interest, the
Commission shall have full power to hear and determine any and all
questions which may arise concerning legal services rendered in con-
nection with any claim under this Article and may order any attorney
or other person receiving the same, to refund to the person paying
the same, any portion of any charge for legal services which the Com-
mission may, in its discretion, deem excessive. Orders of the Com-
mission regulating payments and refunds for legal services may be
enforced in the courts of this State, or may be appealed from in like
manner as awards for compensation under this Article.

53. At any time after a claim for compensation under this Article
has been filed with the Workmen's Compensation Commission by any
claimant, the said claimant and/or his or her dependents may, with
the approval of the Commission, enter into an agreement with the
employer or insurer of such employer providing for a .final compro-
mise and settlement of any and all claims which the said employee or
his or her dependents might then or thereafter have under the pro-
visions of this Article, upon such terms and conditions as the Com-
mission shall, in its discretion, deem proper. Any such settlement
when approved by the Commission shall be binding upon all parties
thereto, and no such settlement shall be effective unless approved by
the Commission. Upon death, any balance payable under such final
compromise and settlement shall be an asset in the hands of the per-
sonal representative of the deceased party to such final compromise
and settlement.

57. (a) Any employer, employee, beneficiary or person feeling
aggrieved by any decision of the Commission affecting his interests
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 ap-
pealing from such decision, and the court shall determine whether
the Commission 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. In the event that an appeal shall be taken to a court
other than the Circuit Court of the County or to a Common Law
Court of Baltimore City having jurisdiction over the place where
the accident occurred or over the person appealing from such de-


 

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Session Laws, 1957
Volume 640, Page 1507   View pdf image (33K)
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