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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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, where further care is unlikely to significantly improve your condition. […]
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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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Scaffolding Accident Lawyer
Scaffolding accidents are among the most common causes of construction site injuries. From falls to equipment malfunctions, these accidents can result in long-term physical, mental, and emotional challenges. What makes these cases particularly complex is the number of potential parties responsible, from the scaffolding manufacturer to the employer — or even a subcontractor. 
After an accident, knowing your legal rights helps you get fair payment for your medical bills, missed work, and other hardships. Our scaffolding accident lawyers have extensive experience with workplace injury cases and insurance claims. We’ll guide you step-by-step through filing your claim and work to get you maximum compensation owed to you.
Scaffolding Accident Rights and Claims
Falls, equipment failures, and scaffold collapses often cause severe injuries at construction sites. While workers’ compensation covers your medical care and missed wages, […]
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What to Do While on Workers’ Compensation in Pennsylvania
Receiving workers’ comp benefits in Pennsylvania limits an injured worker’s activities. If your workers’ comp claim is in progress or has been approved, you may have questions about what you can and can’t do while receiving entitlements. Your claim benefits can be reduced or revoked if the insurance company or your employer can show that you don’t require them.
Workers’ compensation rules can feel overwhelming. Medical treatment, returning to work, and even personal activities can impact your recovery and entitlements. Physical recovery should always be your first priority. When you are focused on that and following your doctor’s orders, your workers’ compensation claim process should proceed more smoothly.
Unfortunately, your employer or insurance company paying for your entitlements will watch for any opportunity to revoke or reduce your compensation payments. For this reason, having an experienced Pennsylvania workers’ […]
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Construction Accident Lawyer
Construction accidents can devastate workers and their families, leading to severe injuries, overwhelming medical bills, and lost wages. At Munley Law, our construction accident lawyers have spent the last 65 years fighting for injured workers, securing multi-million dollar verdicts and settlements while helping our clients navigate workers’ compensation claims and third-party lawsuits.
Construction accidents often involve multiple responsible parties—contractors, subcontractors, equipment manufacturers, and property owners, to name a few. Our experienced construction accident attorneys know how to prove who is at fault for your injuries so you can receive full compensation for your accident.
Don’t let a construction accident derail your future – contact Munley Law today for a free case evaluation.
Common Construction Accident Claims Munley Law Handles
Construction sites present countless hazards that can lead to severe injuries to workers and visitors alike. Our construction accident attorneys’ […]
