WILLIAM DONALD SCHAEFER, Governor                        Ch. 6

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. 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 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 certified copy of the record of its proceedings
including any transcript of testimony shall be paid as follows:
(i) if the court, on its own initiative, orders that a 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 certified copy of the record of its
proceedings including any transcript of testimony; and (ii) if a
party requests that a certified copy of the record of its
proceedings including any 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.

DRAFTER'S NOTE:

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