Theodore R. McKeldin, Governor                   1509

(e) A motion for a rehearing may be filed within seven days from
the date of the decision of the Commission, only upon grounds of
error of law, or newly discovered evidence. In the event that the
seventh day falls on a day on which the offices of the Commission
are legally closed, then the time for the filing of such motion shall
be extended until the next day on which the offices of the Commis-
sion are legally open. Such motion shall be in writing and state
the reasons therefor, and shall not be a stay of the decision of the
Commission. The filing of such a motion by one party shall operate
as a stay of the time within which such party may appeal from the de-
cision until thirty days after the ruling by the Commission on the
motion. Such motion by one party shall not operate to stay the right
of the other parties to the cause to file an appeal under this section.
Such motions shall be heard and determined promptly by the Commis-
sion, even though an appeal by the other party may be pending. If
the appeal shall be heard by the Court prior to the hearing of such
motion, then the Court shall determine all questions of fact and law,
including questions of fact and law involved in the unheard motion.
If the appeal shall be heard subsequent to the ruling by the Commis-
sion on the motion, then the Court shall determine all questions of
fact and law arising under the original order or under such order,
or orders as the Commission may have made pursuant to such
motion.

59. Where injury or death for which compensation is payable
under this Article, was caused under circumstances creating a legal
liability in some person other than the employer to pay damages in
respect thereof, the employee, or in the case of death, his personal
representative or dependents as hereinbefore defined, may proceed
either by law against that other person to recover damages or against
the employer for compensation under this Article, or in case of joint
tortfeasors against both; and if compensation is claimed and awarded
or paid under this Article, any employer, if he is self-insured,
insurance company, association or the State Accident Fund, may
enforce for their benefit, as the case may be, the liability of such
other person; provided, however, if damages are recovered in excess
of the compensation already paid or awarded to be paid under this
Article, and also any payments made for medical or surgical services,
funeral expenses or for any of the other purposes enumerated in
Section [49] 35 of this Article, then any such excess shall be paid
to the injured employee, or in case of death to his dependents less
the expenses and costs of action incurred by the employer, insurance
company, association or State Accident Fund as the case may be.
If any such employer, insurance company, association or State
Accident Fund shall not, within two months from the passage of the
award of this Commission, start proceedings to enforce the liability
of such other person, the injured employee, or in case of death, his
dependents, may enforce the liability of such other person provided,
however, that if damages are recovered the injured employee or in
case of death his dependents may first retain therefrom the ex-
penses and costs of action incurred by the said employee or in case
of death his dependents, and the employer, insurance company, as-
sociation or the State Accident Fund, as the case may be, shall be
reimbursed for the compensation already paid or awarded and any
amount or amounts paid for medical or surgical services, funeral
expenses or for any of the other purposes enumerated in Section [49]
35 of this Article, except court costs and counsel or attorney's fees,