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Session Laws, 1970
Volume 695, Page 185   View pdf image
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Marvin Mandel, Governor                          185

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 accord-
ing 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-
mission 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. In the event a
claimant needs additional medical attention pending any appeal as
provided herein the Commission shall retain jurisdiction to enter-
tain a request for additional medical treatment and attention and
may issue a supplemental order requiring the employer to furnish
additional medical treatment and attention, which order is subject
to review on the pending appeal. An appeal shall not be a stay of any
order of the Commission directing payment of compensation or any
order or supplemental order requiring the furnishing of medical
treatment. If the decision of the Commission shall be confirmed,
reversed 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 by
BE pending, the said court shall order and direct the record of pro-
ceedings 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 judgment of the circuit court of the
county or the common-law courts of Baltimore City to the Court of
Special Appeals as in other civil cases subject to the jurisdiction of
the Court of Special Appeals.
All appeals from the Commission shall
have precedence over all cases except criminal cases.

Sec. 10. And be it further enacted by the General Assembly of
Maryland,
That at any time or from time to time after this Act
becomes effective, the Court of Appeals may by its order transfer
all or any number of the appeals filed in cases subject to the juris-
diction of the Court of Special Appeals as expanded by this Act and
then pending on the docket of the Court of Appeals from said docket
to the docket of the Court of Special Appeals, and the appeals so
transferred shall be decided or otherwise disposed of by the Court of
Special Appeals.

Sec. 11. And be it further enacted by the General Assembly of
Maryland,
That nothing herein is intended to affect or in any way
interdict the existing functioning of the Court of Special Appeals,
or to abrogate the tenure in office of any judge of the Court of Special
Appeals who is in office on the effective date of this Act.

 

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Session Laws, 1970
Volume 695, Page 185   View pdf image
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