Ch. 6

LAWS OF MARYLAND

the case warrant it, convert the compensation to be paid in a
partial or total lump sum, without discount. Lump-sum payments
may also be made by the Commission for the purposes provided for
in § 57 of this article. If a lump sum is granted under §
36(1) (a) or [§ 36(8)] § 36(7) (7) of this article or in any
case involving payments under an award of permanent total
disability or death by an employer or its insurance carrier or by
the Subsequent Injury Fund, whether the lump sum is granted under
this section or for the purposes provided in § 57 of this
article, the Commission shall reduce the weekly rate of
compensation until the amount of the lump sum granted would have
been paid if that sum had been paid in weekly payments. When
payments are made in permanent total disability or death cases
under this section, the Workmen's Compensation Commission shall
determine in its award, both the dollar amount and the precise
number of weeks to be paid by the employer or its insurance
carrier at the reduced weekly rate, and when Subsequent Injury
Fund payments apply, the dollar amount and the precise number of
weeks to be paid by the Subsequent Injury Fund at the reduced
weekly rate. The provisions of this section shall also apply to
payments made under § 57 of this article.

DRAFTER'S NOTE:

Error: Erroneous cross-reference in Article 101, §
49.

Occurred: Ch. 591, Acts of 1987 renumbered Article
101, § 36(8) to be § 36(7) of that article.

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

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