Theodore R. McKeldin, Governor                    575

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 juris-
diction over the place where the accident occurred or over the person
appealing 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. 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, 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 submit-
ted 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 entertained
unless notice of appeal shall have been served personally upon some
member of the Commission or the secretary of the Commission
within thirty days following the rendition of the decision appealed
from. An appeal shall not be a stay. If the decision of the Commis-
sion 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 writ-
ing, 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 proceedings in such appeal to be transmitted to some other
court of the circuit counts 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 as in other civil cases [, and such appeals shall have prece-
dence over all cases except criminal cases].

In all cases where compensation is awarded on appeal, whether by
affirmance, reversal, or modification of an order of the State Indus-
trial Accident Commission, the claimant shall be entitled to receive,
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 orders from which the appeal is taken.

The Attorney General shall be be legal adviser of the Commission,
and shall represent it in all proceedings whenever so requested by
any of the Commissioners. In all court proceedings under or pur-
suant to this article, the decision of the Commission shall be prima
facie correct and the burden of proof shall be upon the party attack-
ing the same.

Sec. 44. And be it further enacted by the General Assembly of
Maryland, That this Act shall take effect June 1, 1957.

Approved March 28, 1957.