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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Philadelphia Workers’ Compensation Lawyer
When you need a Philadelphia workers’ compensation lawyer who fights relentlessly for injured workers, turn to Munley Law. Our experienced workers comp attorney understands how a workplace accident can devastate your life – leaving you with mounting medical bills while you’re unable to earn a paycheck. We’ve seen insurance companies deny valid claims, and employers try to force injured workers back too soon.
Our board-certified workers’ compensation attorney will ensure you receive your benefits while protecting your rights from the insurance company. Employers often don’t understand the law surrounding workers’ compensation and will try to force you back to work as soon as possible before the doctor clears you. We will make sure that doesn’t happen.
How Our Philadelphia Workers’ Compensation Attorneys Can Help
Pennsylvania law protects injured workers, but insurance companies often deny valid claims or pressure employees to return to work before they’re ready. […]
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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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