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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Do I Need Workers’ Compensation if I’m Self-Employed in Pennsylvania?
Whether you’re running a small construction company in Philadelphia or working as a freelance consultant in Pittsburgh, you need to understand Pennsylvania’s workers’ compensation requirements. Knowledge is essential for protecting both your organization and your personal well-being. Many self-employed professionals believe they can opt out of workers’ compensation coverage, but workers’ comp insurance is not that simple.
If you run a organization with no other employees, workers’ comp coverage is generally optional for you. However, as soon as you hire one employee, Pennsylvania state laws generally requires you to maintain workers’ comp The Pennsylvania Workers’ Compensation Act provides coverage requirements for all employers. Requirements can vary by industry, organization structure, and whether you work with subcontractors.
Contractors should also consider the impact of an accident. A single workplace injury without proper coverage could result in substantial medical bills and lost income, […]
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Maximum Medical Improvement in Workers’ Compensation
Achieving Maximum Medical Improvement (MMI) is an important step in workers’ compensation cases, signifying that a person’s condition has reached a stable point and that no major improvements are anticipated. However, this doesn’t mean you’re fully healed. Many workers mistakenly assume that once they reach MMI, they are completely recovered.
In reality, they may still experience ongoing pain and limitations or require future care. It’s important to understand the implications of MMI on your benefits and compensation, as it can impact your settlement and eligibility for permanent disability benefits. Our experienced attorneys can help you handle this phase and ensure your rights and future needs are fully considered.
Understanding Maximum Medical Improvement (MMI) in Workers’ Comp Cases
Maximum Medical Improvement (MMI) marks when your injury stabilizes, not when you’re fully recovered. Think of it as reaching a plateau in your medical treatment, […]
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Pre-Existing Conditions in a Workers’ Compensation Claim
Pennsylvania workers’ compensation laws exist to protect employees with work-related injuries. But what if your injury is connected to a pre-existing injury or condition?
While your employer or their insurance company may suggest you aren’t eligible for workers’ compensation, that is not the case. You have rights under Pennsylvania and federal law.
If you have questions about your eligibility or need help fighting for the compensation you deserve, schedule a free consultation with a workers’ compensation attorney at Munley Law. We can help you understand your legal options and will fight for your rights.
Understanding Pre-Existing Conditions in Workers’ Comp Cases
For workers’ compensation purposes, a pre-existing condition is any prior medical condition that an employee has experienced before beginning work with your organization.
Common pre-existing conditions of injured workers include:
- Back and spine injuries
- Arthritis and joint problems
- Knee injuries
- Carpal tunnel syndrome
- Heart conditions
- Asthma and respiratory issues
- Mental health conditions
- Genetic predispositions
For workers’ […]
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Workers’ Compensation Lawyer
When you sustain workplace injuries or illness, you may wonder how you can afford your medical bills or how you’ll get paid for missed time from work. Fortunately, workers’ compensation benefits cover most employees. However, these benefits may not be as straightforward as they seem. Many times, the insurance provider will try to deny your claim. They may try to say your injuries were not sustained while on the job, your injuries are exaggerated, or you failed to file your workers’ compensation claim correctly. If this happens, you need a skilled workers’ compensation lawyer to help you with your workers’ comp claim.
If you’re having trouble with your workers’ compensation claim, speak with a personal injury lawyer at Munley Law Personal Injury Attorneys. For 65 years, our workers’ compensation attorney has been helping injured workers file workers’ comp claims and get the benefits they are owed. […]
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