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2347
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MARVIN MANDEL, Governor
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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 made against such fund 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 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, OR REMANDED TO THE
COMMISSION FOR FURTHER PROCEEDINGS. 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, OR REMANDED TO THE
COMMISSION FOR FURTHER PROCEEDINGS, 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
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