To Appeal or Not to Appeal

Lauren C. Farrington

Low back pain is a very common problem in the population as a whole and especially in the workplace. Evaluating So, if you don’t like the bad decision in your workers’ compensation claim, what can you do? It’s simple in that, you can appeal or not appeal. However, not every decision is appealable. You first have to have a final judgment. However, a writ of mandamus is a way to appeal while the case is still pending in the trial court.

Mandamus is an extraordinary and drastic writ that the appellate court will issue only when:

1. the petitioner has a clear legal right to the relief sought; 2. the respondent has an imperative duty to perform and has refused to do so; 3. the petitioner has no other adequate remedy; and, 4. the appellate court’s jurisdiction is properly invoked.

Because mandamus is an extraordinary remedy, the standard by which the appellate court reviews a petition for the writ of mandamus is to determine whether the trial court has clearly abused its discretion.

The use of mandamus review has essentially been limited to well-recognized situations including making sure that an action is brought in the correct court (e.g., subject-matter jurisdiction and venue) and by the correct parties (e.g., personal jurisdiction and immunity), reviewing limited discovery rulings (e.g., patently irrelevant discovery), and reviewing erroneous decisions by a trial court where there is a compelling reason not to wait for an appeal (e.g., abatement).

It is important to keep in mind that mandamus means the case is not yet before the appellate court. As the Petitioner, you are asking the appellate court to hear a case that still belongs in the trial court so the appellate court needs to have all of the information about the case provided to them in the writ.

The ore tenus rule is also important when considering appeals. It essentially says as an appellate court we are not going to second guess the trial court on findings of fact based on ore tenus evidence, and the judgment based on those findings will not be disturbed unless those findings are erroneous and against the great weight of the evidence. It is grounded upon the principle that when a trial court hears oral testimony it has an opportunity to evaluate the demeanor and credibility of the witnesses.

A few examples of routine issues taken up on appeal are medical causation, the last injurious exposure rule, venue, and legal causation. On the other hand, issues that are not appealable include issues of fact relating to a disability rating, the extent of disability, notice, and he said/she said situations with conflicting compensability stories.

Lastly, it is important to keep in mind the practical considerations of appealing. For instance, the cost of appeal may outweigh the benefit of appealing especially in those smaller claims where exposure is not high. It’s also important not to let emotions get in the way and to make sure you aren’t going into it to prove a point. Finally, it is important to consider whether you are going to make good laws or bad laws.

If you have any questions about when you can appeal a workers’ compensation decision, feel free to reach out to me at Lauren@esw-law.com.

Lauren Farrington, partner with Sanders & Williams, LLC, has been an insurance defense litigator for over a decade. She represents employers, insurers, and third-party administrators all over the state of Alabama. Lauren has a particular interest in workers’ compensation defense, trucking litigation, products and premises liability, and construction defect matters. Lauren is the mother of four children. When she is not on the baseball field with her three boys, she enjoys skiing, playing tennis, and reading.