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Session Laws, 1974
Volume 713, Page 1883   View pdf image
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MARVIN MANDEL, Governor                             1883

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 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 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 entertain 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 be pending, the said court shall order and
direct the record of proceedings 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.

66.

(5) In any case which shall come before the
workmen's Compensation Commission involving payments from
the fund, it shall request the Attorney General to
furnish a member of his staff to represent the fund in
hearings before it. In any award it shall make from the
fund, the Commission shall specifically find the amount
the injured employee shall be paid weekly, the number of
weeks' compensation to be paid, the date upon which
payments from the fund shall begin, and, if possible, the

 

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Session Laws, 1974
Volume 713, Page 1883   View pdf image
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