What is an Appeal?
An Appeal is, “The complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse.” (Black’s Law Dictionary 124. 4th Ed. Rev. 1968)
The appeal process involves a losing party requesting a higher court to reconsider a ruling or decision made at trial. Most appeals take place in an appellate court. The party making an appeal is known as the appellant, while the original winning party is known as the appellee or respondent. Common errors that can be considered proper grounds for appeal may include legal application errors by a sitting judge, procedural errors conducted by attorneys, or evidence issues such as improper evidence being allowed in court or important evidence being wrongfully excluded from court. After arguments from both the appellant and appellee as to why a court’s decision is either proper or not, the appellant court will decide to affirm, reverse, or remand that decision. When a decision is remanded, that particular case is sent back to a lower court for a new trial or other proceedings.
An appeal can only be made after a final judgment is made. A case can not be appealed when it is ongoing or if facts of the case are in dispute. Rulings in cases such as Bowersock v. Missouri Valley Drainage Dist. of Holt County clarify that appeals are continuations of existing lawsuits, not lawsuits themselves. While appeals may lengthen the legal process, they are seen as vital parts of the justice system. They exist to insure that errors or issues don’t result in the wrong rulings.
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When Should I Hire a Workers’ Compensation Lawyer?
Do I Need a Workers’ Compensation Lawyer?
When you have suffered a work injury, you might be wondering if you need a workers’ compensation lawyer and if so, where in the workers’ compensation process you should think about hiring a Pennsylvania workers’ compensation lawyer.
When you are injured at work or if you are suffering from an occupational illness, you are dealing with the anxiety of lost wages, mounting medical bills, and navigating the unfamiliar PA workers’ compensation system. After a work injury or diagnosis of an occupational disease, millions of injured workers wonder when is a good time to call a workers’ comp attorney. The short answer? Call for help as soon as you get hurt on the job or as soon as you have a diagnosis of your work-related illness.
The process for filing your workers’ comp claim may seem straightforward, […]
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What is an Impairment Rating Evaluation?
If you or your loved one have been injured at work and are seeking workers’ compensation, you may be required to undergo an impairment rating evaluation to determine the extent of whole-body impairment caused by the workplace injury.
When an employer or insurance company requests an Impairment Rating Evaluation (IRE), it is to evaluate the total or partial disability of the injured worker so as to ensure the appropriate amount of disability pay is provided. Currently, Pennsylvania law requires an employer to pay total disability benefits for any employee at or above 35 percent disabled.
Unfortunately, many times an employer requesting an IRE is looking to reduce the number of benefits they are paying out by getting an evaluation that reports less than 35 percent disabled.
It is important that you or your loved one consult with an experienced workers’ compensation lawyer if you receive a notice for an impairment rating evaluation. […]
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Reading Workers’ Compensation FAQs
What is Workers’ Compensation?
Workers’ compensation is a state-sponsored insurance program that provides compensation for workers suffering injury or illness. Pennsylvania workers’ compensation was mandated in the 1914 Pennsylvania Workers Compensation Act as a safety net for individuals who become injured or sick as a result of job-related duties or conditions. Workers’ compensation benefits exist to pay for medical expenses and lost wages when you suffer a work-related injury, become ill, or aggravate an existing injury or disease while on the job.
All PA employers are obligated by the Commonwealth to carry workers’ compensation insurance for their employees. Most employees are covered by workers’ compensation regardless of their status as part-time or full-time and regardless of their immigration status. Whether you are a full-time, part-time, seasonal, or immigrant worker regardless of your immigration status who was injured or became sick while on the job, […]
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Philadelphia Workers’ Compensation FAQs
Injured workers in Philadelphia have a right to benefits under the workers’ compensation system.
The Philadelphia workers’ compensation attorneys at Munley Law have been serving the residents and workers of Philadelphia for more than 60 years. Munley Law is nationally recognized for our work on behalf of our clients. We are consistently named to the Best Lawyers in America lists. Our attorneys are board certified by the National Board of Trial Advocacy and have obtained millions for our clients who have sustained an injury in the workplace.
We can help you receive the benefits you deserve. Our Philadelphia workers’ compensation law firm understands that the aftermath of a work-related accident can be devastating. Workers’ compensation attorney Caroline Munley is certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court. […]
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Pittsburgh Workers’ Compensation FAQs
Our Pittsburgh Workers’ Compensation Lawyer will Fight for Your Rights
It is your right as an employee to file a workers’ comp claim and to have your medical expenses and wages paid while you recover from the injury or illness. The experienced Pittsburgh workers’ compensation lawyers at Munley Law can help you navigate the process, inform you of your rights, and help you work through any obstacles that come up.
A Pittsburgh workers’ compensation attorney at Munley Law can help you file your claim, prepare for and attend workers’ comp hearings, and appeal denials if necessary. If you or a loved one has been hurt at work or has become sick from workplace conditions in Pittsburgh, you need to know that you have rights.
What Are the Largest Industries in Pittsburgh?
Strategically located at the intersection of the Monongahela, […]
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