3288

LAWS OF MARYLAND

Ch. 521

(A) A PHYSICIAN WHO IS ADVISING THE COMMISSION SHALL
FILE WITH THE WORKMEN'S COMPENSATION COMMISSION THE ADVISORY
REPORT AS REQUIRED IN § 28(A) OF THIS ARTICLE.

(B)(1) THE WORKMEN'S COMPENSATION COMMISSION SHALL
SEND A CERTIFIED COPY OF THE ADVISORY REPORT TO THE CLAIMANT
OR CLAIMANTS AND TO THE EMPLOYER AND HIS INSURANCE CARRIER.

(2) WITHIN 5 DAYS AFTER RECEIVING THE ADVISORY
REPORT, THE WORKMEN'S COMPENSATION COMMISSION SHALL RENDER
ITS DECISION OR AWARD.

(3) IN ANY HEARING, AS PROVIDED FOR IN §§ 22

THROUGH 30 OF THIS ARTICLE, HELD BY THE WORKMEN'S

COMPENSATION COMMISSION IN ANY CASE TO DETERMINE ANY

CONTROVERSIAL QUESTIONS, A FINDING OF FACT BY THE WORMKEN'S
COMPENSATION COMMISSION MAY NOT BE REVIEWED, SET ASIDE,
REVERSED, OR MODIFIED.

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] HEAR THE MATTER DE NOVO. 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,
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[