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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Workers’ Compensation Specific Loss Benefits
Workers’ compensation is a vital safety net for employees who suffer work-related injuries or illnesses. In Pennsylvania, this system ensures that injured workers receive financial support and medical care without needing to prove fault.
Among the various types of workers comp benefits, there is a special type of insurance called “specific loss benefits.” These benefits address severe, permanent injuries.
Understanding Specific Loss Benefits in Pennsylvania Workers’ Compensation
Specific loss benefits are a category of workers’ compensation benefits designed to compensate for permanent injuries that result in the loss of a body part or the loss of use of a body part, including those due to injury, occupational disease, repetitive stress, amputation, or permanent disfigurement.
Unlike general disability benefits, which compensate for lost wages, specific loss benefits are paid through your employer’s workers’ […]
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What to Do If You Suffer Heat Stroke in the Workplace
As the temperatures continue to arise throughout the United States, so does the increase in heat related illnesses among workers that work outside for a living. Heat stroke is a severe heat-related illness that can occur when the body’s temperature regulation fails and body temperature rises to critical levels. It’s a condition that can strike swiftly, leading to devastating health consequences. Workers, particularly those in high-heat environments, need to be aware of the risks and symptoms of heat stroke to protect their health and well-being.
Understanding workers’ compensation after suffering a heat stroke while on the job is important, especially for those in Pennsylvania. If you suffer from a heat illness while on the job, you may be entitled to benefits under the Pennsylvania Workers’ Compensation Act. This law provides medical expenses and wage loss compensation to employees who become injured or ill as a result of their work. […]
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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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