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Session Laws, 1968
Volume 683, Page 808   View pdf image
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808                               LAWS OF MARYLAND                         CH. 455

(c) The secretary of the Board shall promptly notify the claimant,
the Attorney General and the Comptroller of the final decision of
the Board and furnish each with a copy of the report setting
forth the decision.

10.    Judicial review.

(a)    Within thirty days after receipt of the copy of the report
containing the final decision of the Board, the Attorney General
may, if in his judgment the award is improper or excessive, com-
mence a proceeding in the Circuit Court of the county or the Supreme
Bench of Baltimore City, as the case may be, to review the decision
of the Board. Any such proceeding shall be heard in a summary
manner and shall have precedence over all other civil cases in such
court. The court may, however, take additional testimony, if it so
desires. There shall be no other judicial review of any decision
made or action taken by the Board, by a member of the Board or
by the secretary of the Board with respect to any claim.

(b)    Any such proceeding shall be commenced by the service
of notice thereof upon the claimant and the Board in person or by
mail.

11.    Emergency Awards.

Notwithstanding the provisions of Sections 6 and 8 of this Article,
if it appears to the Board member to whom a claim is assigned,
prior to taking action upon such claim, that (a) such claim is one
with respect to which an award probably will be made, and (b)
undue hardship will result to the claimant if immediate payment
is not made, the Board member may make an emergency award to
the claimant pending a final decision in the case, provided, how-
ever, that (1) the amount of such emergency award shall not exceed
five hundred dollars, (2) the amount of such emergency award shall
be deducted from any final award made to the claimant, and (3)
the excess of the amount of such emergency award over the final
award, or the full amount of the emergency award if not final
award is made, shall be repaid by the claimant to the Board.

12.    Awards.

(a)    No award shall be made unless the Board or Board members,
as the case may be, finds that (1) a crime was committed, (2) such
crime directly resulted in personal physical injury to, or death of the
victim, and (3) police records show that such crime was promptly
reported to the proper authorities; and in no case may an award
be made where the police records show that such report was made
more than forty-eight hours after the occurrence of such crime,
unless the Board, for good cause shown, finds the delay to have been
justified.
THE BOARD, UPON FINDING THAT ANY CLAIMANT
OR AWARD RECIPIENT HAS NOT FULLY COOPERATED
WITH ALL LAW ENFORCEMENT AGENCIES, MAY DENY OR
WITHDRAW ANY AWARD, AS THE CASE MAY BE.

(b)    Any award made pursuant to this Article shall be made in
accordance with the schedule of benefits and degree of disability
as specified, in Section 36 of Article 101 of the Code, excluding Sec-
tion 66 entitled "Subsequent Injury Fund."


 

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Session Laws, 1968
Volume 683, Page 808   View pdf image
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