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Session Laws, 1982
Volume 742, Page 3289   View pdf image
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HARRY HUGHES, Governor                                  3289

provided, however, that, UNTIL JUNE 1, 1983, 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, 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 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.

67.

Definitions as used in this article:

(15) "Disablement," as used in §§ 22, 27, 28 and
29 of this article means the event of an employee's becoming
actually incapacitated, either partly or totally, because of
an occupational disease, from performing his work in the
last occupation in which exposed to the hazards of such
disease; and "disability" means the state of being so
incapacitated. Disablement and disability in cases involving
occupational diseases shall be determined by the [medical
board] WORKMEN'S COMPENSATION COMMISSION as herein provided
in §§ 22-30 of this article.

SECTION 2. AND BE IT FURTHER ENACTED, That the General
Assembly shall review the effectiveness of the medical board
of the Workmen's Compensation Commission by June 1, 1983,
for the purpose of determining whether that board should be

 

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Session Laws, 1982
Volume 742, Page 3289   View pdf image
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