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Session Laws, 1987
Volume 769, Page 2167   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 443

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. Unless ordered by the court, on its own initiative,
or upon the motion of either party, STIPULATIONS, A STATEMENT IN
LIEU OF A RECORD, OR a record transcript of the proceedings A
CERTIFIED COPY OF THE RECORD OF ITS PROCEEDINGS INCLUDING ANY
TRANSCRIPT OF TESTIMONY
in the case before the Commission shall
not be required to be filed with the court AS REQUIRED BY THE
MARYLAND RULES. IF THE COURT ORDERS THAT A RECORD TRANSCRIPT BE
FILED, THE PARTY REQUESTING THE RECORD TRANSCRIPT SHALL PAY THE

COST OF THE RECORD TRANSCRIPT, SUBJECT TO FINAL ALLOCATION OF

COSTS AT THE CONCLUSION OF THE APPEAL IN CIRCUIT COURT. SUBJECT
TO A FINAL ALLOCATION OF COSTS BY THE CIRCUIT COURT AT THE
CONCLUSION OF THE APPEAL, THE COSTS OF THE RECORD TRANSCRIPT

CERTIFIED COPY OF THE RECORD OF ITS PROCEEDINGS INCLUDING AW
TRANSCRIPT OF TESTIMONY SHALL BE PAID AS FOLLOWS: (I) IF THE
COURT, ON ITS OWN INITIATIVE, ORDERS THAT A RECORD TRANSCRIPT

CERTIFIED COPY OF THE RECORD OF ITS PROCEEDINGS INCLUDING ANY
TRANSCRIPT OF TESTIMONY BE FILED, THE COURT SHALL SPECIFY IN
THAT ORDER WHICH PARTY SHALL PAY FOR THE TRANSCRIPT CERTIFIED

COPY OF THE RECORD OF ITS PROCEEDINGS INCLUDING ANY TRANSCRIPT OF

TESTIMONY; AND (II) IF A PARTY REQUESTS THAT A RECORD TRANSCRIPT

CERTIFIED COPY OF THE RECORD OF ITS PROCEEDINGS INCLUDING AW
TRANSCRIPT OF TESTIMONY
BE PRODUCED, THAT PARTY SHALL PAY THE
COSTS, UNLESS OTHERWISE DETERMINED BY 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
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 for trial. Appeal shall lie from
the judgment of the circuit court of the county 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.

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Session Laws, 1987
Volume 769, Page 2167   View pdf image
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