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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Reading Workers’ Compensation: Specific Loss Benefits
A work injury can be devastating to you and your family. Missed work for recovery, medical visits, and the mountain of medical expenses related to your injury can lead to anxiety and fear for the future.
When you are hurt at work in Pennsylvania, you have a financial safety net called workers’ compensation insurance. Under Pennsylvania law, almost all employers in the commonwealth are required under the PA Workers Compensation Act to carry workers’ compensation insurance for all of their employees. Most employees, full-time, part-time, and even seasonal workers are eligible to receive workers’ compensation benefits for a work-related injury or illness.
Many different types of injuries are covered by PA workers’ compensation laws, including when a specific part of the body is hurt even when that injury does not cause you to miss work.
Injuries that cause loss of use of a body part, […]
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Delaware Truck Accident Lawyers
If You Have Been Involved in a Truck Accident in Delaware, Call Munley Law Personal Injury Attorneys Today
A crash with a truck is no ordinary event. A truck accident can change your life. After seeking medical care, one of the first things you should do is to consult an experienced truck accident lawyer who will inform you of your rights and take any steps necessary to ensure the transportation and insurance companies won’t avoid responsibility. Their legal team will be ready to deny fault for your injuries – you need someone on your side to represent you.
The consultation with our attorneys is free, and we don’t collect any payment for our services unless we win your case in the form of a settlement or jury verdict. To learn more about what it means to have a Munley Law Personal Injury Attorneys Truck Accident lawyer representing you, […]
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Is Workers’ Compensation for Independent Contractors Available?
When you are an independent contractor you have more flexibility and the potential to earn more than workers who make a straight salary working for a single employer. And while there are obvious benefits, you know from experience that with the flexibility and extra earning capacity that comes with working for yourself, there are added anxieties and responsibilities.
When you work for yourself, you have a lot of freedom but also a lot to think about, prepare for and worry about.
When you work for yourself and you sustain a work-related injury or illness, you may wonder how you can afford your medical bills or how you’ll get paid for missed time from work. Fortunately, if you have Pennsylvania workers’ compensation insurance, those benefits can provide necessary financial support while you recover.
Independent contractors work in every US business sector
According to an article by Business New Daily, […]
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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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