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Kentucky Compensation Claim in Excess of the Statutory Case Compensation Maximum (Court of Appeals)

State:
Kentucky
Control #:
KY-SKU-0280
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PDF
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Compensation Claim in Excess of the Statutory Case Compensation Maximum (Court of Appeals)

A Kentucky Compensation Claim in Excess of the Statutory Case Compensation Maximum (Court of Appeals) is a legal claim brought by a party to a court of appeals in the state of Kentucky. This type of claim is used when a party seeks additional damages beyond the statutory limits set by the court. The party must show that the amount of damages awarded in the original court decision was inadequate to cover the losses suffered. The Court of Appeals can then review the evidence and issue a ruling to award additional damages to the party. There are two types of Kentucky Compensation Claims in Excess of the Statutory Case Compensation Maximum (Court of Appeals): Appellate Review and Discretionary Review. Appellate Review is a standard review of the facts and evidence presented in the original case. The court of appeals will review the facts and evidence presented and determine if the damages awarded were inadequate. Discretionary Review is a more complex review that allows the court of appeals to consider factors outside the facts and evidence presented in the original case. This type of review allows the court to consider factors such as the amount of damages necessary to compensate for the losses suffered by the party, the amount of damages awarded in similar cases, and the amount of damages that would be fair and reasonable for the particular case.

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Kentucky Compensation Claim in Excess of the Statutory Case Compensation Maximum (Court of Appeals)