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Session Laws, 1974
Volume 713, Page 1882   View pdf image
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1882                                          LAWS OF MARYLAND                        [Ch. 551

FOR the purpose of providing that no award shall be made
against the Subsequent Injury Fund by the Workmen's
Compensation Commission or by any Court unless the
Subsequent Injury Fund is a party to the proceeding
and is represented by counsel , and establishinq
certain procedures in certain cases involving awards
from the Subsequent Injury Fund,

BY repealing and re—enacting, with amendments.

Article 101 — Workmen's Compensation
[[Section]] Sections 56(a) and 66(5)
Annotated Code of Maryland
(1964 Replacement Volume and 1973 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That [[Section]] Sections 56 (a) and 66(5) of
Article 101 — Workmen's Compensation of the Annotated
Code of Maryland (1961 Replacement Volume and 1973
Supplement) be and [[it is]] they are hereby repealed and
re—enacted, with amendments, to read as follows:

Article 101 - Workmen's Compensation

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
jurisdiction 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 applicable
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 § 66 of this article
AND NO AWARD SHALL BE HADE AGAINST SUCH FOND BY THE
COMMISSION OR BY ANY COURT UNLESS THE FUND IS A PARTY TO
THE PROCEEDING AND IS REPRESENTED BY COUNSEL. 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

 

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Session Laws, 1974
Volume 713, Page 1882   View pdf image
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