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Session Laws, 1969
Volume 692, Page 854   View pdf image
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854                             LAWS OF MARYLAND                     [CH. 394

(1964 Replacement Volume and 1968 Supplement), title "Work-
men's Compensation," subtitles "Appeals," and "Miscellaneous,"
respectively, to provide that the Subsequent Injury Fund shall have
a right of appeal as provided in Section 56(a) of this Article.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 56(a) and 66(5) of Article 101 of the Annotated Code
of Maryland (1964 Replacement Volume and 1968 Supplement), title
"Workmen's Compensation," subtitles "Appeals," and "Miscellane-
ous," respectively, be and they are hereby repealed and re-enacted,
with amendments, to read as follows:

56.

(a) APPEALS TO LOCAL COURTS; PROCEEDINGS; JURY
TRIAL—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 concerning 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. For the purposes of this Section, the word
"person" shall be deemed to include the Subsequent Injury Fund
as created by Section 66 of this Article.
In the event that an appeal
shall be taken to 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, how-
ever, 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 sum-
mary, but full opportunity to be heard shall be had before judgment
is pronounced. In the event a claimant needs additional medical
attention pending any appeal as provided herein, the Commission
shall ret