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Session Laws, 1962
Volume 651, Page 175   View pdf image (33K)
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J. MILLARD TAWES, Governor 175

the Commission are legally open. ] An appeal shall not be a stay of
any order of the Commission directing payment of compensation
or the furnishing of medical treatment. If the decision of the Com-
mission 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 proceedings 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 judg-
ment 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.
All appeals from the Commission shall have precedence over all
cases except criminal cases.

56 (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 Commission
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. // a motion for rehearing is filed '[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 decision until thirty days after],
the time within which an appeal can be taken from the decision shall
commence from the time of
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 Com-
mission, 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 Com-
mission 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.

SEC. 65. An be it further enacted, That this Act shall take effect
June 1, 1962.

Approved March 23, 1962.


 

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Session Laws, 1962
Volume 651, Page 175   View pdf image (33K)
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