WILLIAM DONALD SCHAEFER, Governor

BY repealing and reenacting, with amendments,

Article 101 - Workmen's Compensation

Section 56(a)

Annotated Code of Maryland

(1985 Replacement Volume and 1986 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 101 - Workmen's Compensation

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. [Unless ordered by the court, on its own initiative,
or upon the motion of either party, a] A STIPULATIONS, A
STATEMENT IN LIEU OF A RECORD, OR A record transcript of the
proceedings in the case before the Commission, STIPULATIONS, OR A
STATEMENT IN LIEU OF A RECORD shall [not be required to] be filed
with the court AS REQUIRED BY THE MARYLAND RULES. SUBJECT TO A
FINAL ALLOCATION OF COSTS BY THE CIRCUIT COURT AT THE CONCLUSION
OF THE APPEAL, THE COSTS OF THE RECORD TRANSCRIPT SHALL BE PAID
AS FOLLOWS: (I) IF THE COURT, ON ITS OWN INITIATIVE, ORDERS

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