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Session Laws, 1962
Volume 651, Page 180   View pdf image (33K)
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180 LAWS OF MARYLAND [CH. 40

sation of hostilities, or while the individual is in a combat area or
zone.

SEC. 2. And be it further enacted, That this Act shall take effect
June 1, 1962.

Approved March 23, 1962.

CHAPTER 40
(Senate Bill 80)

AN ACT to repeal and re-enact, with amendments, Section 56 (a)
of Article 101 of the Annotated Code of Maryland (1961 Supple-
ment), title "Workmen's Compensation", sub-title "Appeals", to
change certain language in the provisions regarding appeals from
workmen's compensation awards,

SECTION 1. Be it enacted by the General Assembly of Maryland,
That Section 56 (a) of Article 101 of the Annotated Code of Mary-
land (1961 Supplement), title "Workmen's Compensation", sub-title
"Appeals", be and it is hereby repealed and re-enacted, with amend-
ments, to read as follows:

56. (a) Any employer, employee, beneficiary or person feeling
aggrieved 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 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 concern-
ing the injury, whether it has exceeded the powers granted it by the
article, and whether it has misconstrued the law and facts appli-
cable 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 deci-
sion, 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 Com-

EXPLANATION: Italics indicate new matter added to existing law.

[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.


 

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Session Laws, 1962
Volume 651, Page 180   View pdf image (33K)
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