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Session Laws, 1986
Volume 768, Page 938   View pdf image
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938                                            LAWS OF MARYLAND                                      Ch. 220

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 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 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 [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].
EXCEPT UPON THE MOTION OF EITHER PARTY TO THE APPEAL, OR UPON THE

COURT'S OWN MOTION UNLESS ORDERED BY THE COURT, ON ITS OWN

INITIATIVE, OR UPON THE MOTION OF EITHER PARTY, A RECORD
TRANSCRIPT OF THE PROCEEDINGS IN THE CASE BEFORE THE COMMISSION
SHALL NOT BE REQUIRED TO BE FILED WITH THE COURT. 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

 

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Session Laws, 1986
Volume 768, Page 938   View pdf image
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