1508 Laws of Maryland [Ch. 814
cision, the Court shall on motion of either party transfer such ap-
peal to the proper tribunal, so that the said appeal may be heard on
its merits in the court having jurisdiction to hear the same. 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] provided, however, that in all
appeals in which occupational diseases are involved, the findings of
fact by the [State Industrial Accident] Commission shall be final
and not subject to review or modification by the Court or be sub-
mitted 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 appeal shall be en-
tertained unless notice of appeal shall have been served personally
upon some member of the Commission or the secretary of the Com-
mission within thirty days following the rendition of the decision
appealed from. In the event that the thirtieth day falls on a day on
which the offices of the Commission are legally closed, then the time
for the filing of the appeal shall be extended until the next day on
which the offices of the Commission are legally open. 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 pro-
ceedings 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 in other civil cases [,]. [and such appeals]
All appeals from the Commission shall have precedence over all
cases except criminal cases.
(b) 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 re-
ceive, 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 Commis-
sion at the time of passing its order from which the appeal is taken.
(c) The Attorney General shall be the legal adviser of the Com-
mission, and shall represent it in all proceedings whenever so re-
quested by any of the Commissioners. In all court proceedings
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.
(d) It shall be the duty of the Clerk of the Court to which a case is
sent on appeal, to send promptly to the Commission a duly certified
copy of the docket entries, and judgment of the Court in each case
heard and determined on appeal.
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