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Session Laws, 1962
Volume 651, Page 174   View pdf image (33K)
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174 LAWS OF MARYLAND [CH. 36

the payment of compensation to his employees and their dependents,
shall first submit to the Workmen's Compensation Commission the
method he wishes to adopt. The said Commission may approve or
reject the method proposed. If rejected, the employer may submit
another method authorized under this article. The said Commis-
sion may from time to time revise or alter its decision approving
the election of an employer to adopt any of the methods of assuring
payment of the compensation as provided for in this article, if
such action is reasonably necessary to secure and safeguard such
payments to employees or for the diminishing and prevention of
accidents. Any action of the Commission for the purpose of diminish-
ing or preventing accidents shall not apply to public service corpora-
tions under the jurisdiction of the Public Service Commission. Any
decision of said Commission under this section or § 15 of this article
may be reviewed [by writ or certiorari] in the circuit court for the
county in which the employer may reside or in any of the common
law courts of Baltimore City, if the employer resides in Baltimore
City.

56 (a) Any employer, employee, beneficiary or person feeling ag-
grieved 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 decision, the court shall on motion of either party transfer
such appeal 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, however,
that in all appeals in which occupational diseases are involved, the
findings of fact by the Commission shall be final and not subject to
review or modification by the court or be submitted 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. 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 off ices of


 

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Session Laws, 1962
Volume 651, Page 174   View pdf image (33K)
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