Miller v. Bethlehem Steel Co.

Pattison, J., delivered the opinion of the 'Court. The appellant, a resident of Baltimore County, filed with the State Industrial Accident Commission his claim against the appellee for injuries sustained by him, resulting from an accident occurring: on the 7th day of August, 1928, at Sparrows Point, Baltimore County, Md., arising out of and in the course of his employment with the appellant company. The State Industrial Accident Commission, after consideration, found that the claimant was temporarily totally incapacitated as a result of his injuries, and on the 15th day of August, 1928, awarded him compensation at the rate of $18 per week, payable to- him weekly by the Bethlehem Steel Company, employer and self-insurer, during the continuance of his disability, subject to the provisions of the Workmen’s Compensation Law. On the 25th day of January, 1929, the claimant filed a receipt acknowledging the payment to him by the Bethlehem Steel Company of the sum of $131.15 in settlement of all amounts due for compensation on account of the above mentioned award.

The claimant, on November 15th, 1929, filed a petition, alleging that he had suffered a permanent disability as a result of the injuries sustained by him, and asked that the case ⁶⁵⁹ be reopened that the nature and extent of bis injury might be determined. After a hearing thereon, the commission by its order denied bis petition, or refused to reopen the case, and from that order the claimant appealed to the Baltimore City Court. The appellee filed a motion therein to dismiss his appeal, limiting its appearance to the purposes of the motion. The court, after a hearing thereon, granted its motion and dismissed the appeal.

It is from that order, dismissing the appeal, that the appeal to this court was taken. The motion filed by the appellee in the Baltimore City Court to dismiss the appeal from the commission was upon the ground that the court was without jurisdiction to hear it. Section 56 of article 101 of the Code of Public General Laws of this state provides that “any employer, employee, beneficiary or person feeling aggrieved by any decision of the