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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Questions to Ask Your Workers’ Comp Lawyer
Know What to Ask an Experienced Workers’ Comp Lawyer
A workplace accident may mean prolonged medical treatment, physical therapy and rehabilitation, and time off work. Workers’ compensation benefits exist to cover these expenses, but obtaining your benefits isn’t always easy. A workers’ compensation lawyer can help you recover the benefits you are owed.
In Pennsylvania, most employees are covered under workers’ comp for medical costs and lost wages caused by a work-related injury or death. Under Pennsylvania’s workers’ compensation law, injured workers have a right to file a workers’ compensation claim if they have been injured while carrying out their work-related tasks either on-site or off-site. How long these benefits last depends on the severity of your injury and the possibility of long-term disability.
Unfortunately, employers and insurance companies often deny workers’ comp claims, even when they are valid. That’s where a workers’ comp lawyer can help. […]
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When To Hire a Workers’ Compensation Lawyer in Pennsylvania – The Complete Decision Guide
If you’re reading this, you’re probably worried about your workers’ compensation claim and wondering whether you need to hire a lawyer. This is one of the most important decisions you’ll make after a workplace injury, and it’s completely normal to feel uncertain about it. The reality is that the decision to hire a workers’ compensation lawyer often determines whether you recover thousands of dollars or struggle with denied claims and inadequate benefits.
Most Pennsylvania workers face this same dilemma after a workplace injury. You’re dealing with physical pain, mounting medical bills, lost wages, and a complex legal system that seems designed to confuse rather than help. The good news is that you don’t have to navigate this decision alone. Pennsylvania workers who hire qualified workers’ compensation attorneys recover an average of $47,000 more than those who handle their claims without legal representation.
At Munley Law, […]
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Workers’ Compensation Back Injury Claim
If you’ve suffered a back injury at work, hire an experienced workers’ comp attorney
A work-related back injury can have long-lasting affects, ranging from a few missed shifts to short-term or permanent disability. Pushing yourself to keep working despite a back injury can lead to a prolonged recovery process or permanent damage.
At Munley Law Personal Injury Attorneys, our Pennsylvania workers’ compensation lawyers can help you navigate the process of filing or appealing your claim so that you receive the compensation you need to recover from your back injury. Where full recovery isn’t possible, we will fight to recover the compensation you deserve to account for your new reality.
Common Workers’ Compensation Back Injury Claims
Filing a workers’ compensation claim for a back injury isn’t limited by your field or profession—anyone can sustain a back injury at work, […]
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Workers’ Compensation Denial & Appeals
Workers’ Compensation Denial & What You Can Do
If you have received a denial letter for your workers’ compensation claim, it could be for several different reasons. Your employer may deny responsibility for your injury, the insurance company may suspect you have a pre-existing condition, or it may be a simple error with your paperwork. Whatever the reason, if you have been injured at work, you may be able to appeal the denial.
It’s not uncommon for workers’ compensation claims to be denied. This is where a workers’ comp lawyer can help. You are entitled to workers’ compensation benefits when your work duties result in an injury or illness, or aggravate a previous ailment. Benefits include medical bills and lost wages. Contact a work injury lawyer at Munley Law Personal Injury Attorneys for help appealing your denied claim.
Types of Workers’ […]
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$29.4 million verdict in Johnson & Johnson talcum powder case
On Wednesday March 13, 2019 a California jury awarded Teresa
Leavitt $24.4 million and her husband, Dean McElroy $5 million in a trial
brought by them against Johnson & Johnson.
Teresa Leavitt believes her mesothelioma, a terminal disease caused by
asbestos exposure, is linked to her regular use of Johnson & Johnson’s
talcum powder.
The Leavitt case is the first case to be tried since a
bombshell report by Reuters and the New York Times about the contamination of
baby powder with asbestos. Both reports
sighted leaked internal documents showing Johnson & Johnson knew about the
problem as far back as 1971.
Johnson & Johnson said they were disappointed in the verdict and they would pursue an appeal. Johnson & Johnson’s spokesperson, Kimberly Montagnino said, “we will pursue an appeal because Johnson’s Baby Powder does not contain asbestos or cause cancer.” […]
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Report: J&J Knew for Decades About Asbestos in Baby Powder
Report: J&J knew about asbestos in their products and issued no warning
In a new report that drove the company’s shares down more than 9%, Reuters stated that Johnson & Johnson has known since the 1970s that its talc baby powder sometimes contained carcinogenic asbestos.
Reuters based its report on a review of documents and deposition and trial testimony that showed that from at least 1971 to the early 2000s, the company’s raw talc and finished powders sometimes tested positive for small amounts of asbestos. Company executives, managers, doctors and lawyers discussed the problem amongst themselves but didn’t inform regulators or the public. The documents examined by Reuters also describe successful efforts to influence U.S. regulators’ plans to limit asbestos in cosmetic talc products and scientific research on the health effects of talc.
The company has faced thousands of lawsuits alleging its talc baby powder products contain asbestos and caused ovarian and other cancers. […]
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Attorney Julia Munley recognizes National Child Abuse Prevention Month as a time for action
Munley believes we must shine a light on child abuse in order to prevent it
Munley believes we must shine a light on child abuse in order to prevent itThe problem of child sexual abuse in this country and throughout Pennsylvania continues at an alarming rate. It can be difficult to acknowledge that sexual abuse of children of all ages, including infants, happens every day. This horrifying topic was brought to the national spotlight when Jerry Sandusky was found guilty of 45 counts of sexually abusing 10 boys, using his position in a prestigious football program to gain access to youth. This past week, Pennsylvania’s top court rejected a bid by this former Penn State football coach to appeal his 2012 conviction of charges of sexually abusing children.
Last week alone in Northeast Pennsylvania, we saw news reported of a trusted pastor at a Scranton cathedral being removed from his position and charged with indecent assault and corruption of minors. […]
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“Buckyballs” Magnets Pose Serious Risks to Young Children
Buckyballs magnets pose dangerous swallow hazard for young children
After learning that a 3-year-old child suffered from tears in her lower intestine and stomach after swallowing 37 Buckyballs, the company is once again warning consumers that the magnets are not toys. The Buckyballs magnets were voluntarily recalled by the company in May 2010 after the U.S. Consumer Product Safety Commission (CPSC) warned of a swallowing hazard to young children.
The Los Angeles Times reported yesterday that the Oregon child underwent surgery to remove the magnets that had snapped together inside her stomach, resembling a bracelet. She is expected to recover. Last year, a sixth-grader in California underwent surgery after swallowing eight of the magnets.
Buckyballs are a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy. However, a serious danger is raised when a child swallows more than one magnet. […]
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Florida Supreme Court Upholds $10.3 Million Medical Malpractice Award
The widow of a man who suffered a heart attack and died when his Palms West Hospital doctor failed to give him the anti-clotting drug Retavase will receive the $10.3 million previously awarded, according to a ruling by the Florida Supreme Court this week. The award amount was being disputed due to the $1 million medical malpractice cap put in place in Florida months after the man’s death.
The court referred to a decision rendered in July when it determined the award cap could not be applied retroactively. The man died in 2003, however, the lawsuit was not filed until 2005. The defense argued the time of lawsuit should be used and thus, the cap limits should apply.
The award amount had also been upheld by the Fourth District Court of Appeal in 2009 saying, “It is therefore well settled that retrospective laws are generally unjust.” […]
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Pennsylvania Woman Awarded $23 Million in Medical Malpractice Case
WFMZ-TV reports a Lehigh County, Pennsylvania jury has awarded a Lehighton woman $23 million in a medical malpractice case. The woman had both legs amputated after her home care nurse failed to evaluate and report an infected catheter for appropriate treatment.
The lawsuit alleged the delay in reporting the infection led to a bloodstream infection that ultimately required the woman’s legs to be amputated below the knees.
The jury found the nurse and her employer, St. Luke’s Miners Memorial Home Care, negligent in caring for the plaintiff.
A spokesman for St. Luke’s said, “As with all malpractice cases, this is a complicated situation, but the resultant jury award is excessive and shocks the conscience.” The spokesman did not indicate if they would appeal the verdict.
If you or a loved one has been harmed by a form of medical negligence, […]
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