To be sure, appellate counsel often work miracles, resuscitating on appeal cases that have long been dead and buried. But why wait for the appeal? It is far easier to preserve a win on appeal, than to overturn a loss.
Ultimately, painting the clearest medical picture possible and creating a narrative that establishes the job as the cause of the injury will go a long way towards granting worker’s compensation on appeal.
Ultimately, whether the reader supports or opposes judicial reliance on legislative history, the concurrences in ‘Digital Realty Trust’ indicate that this debate is far from over.
Practice before the Federal Circuit has its own specific and unique rules. Practitioners will best serve their clients through mastery of the rules and familiarity with the court’s workings.
The respondent’s role in the appellate process is not merely passive and should be proactive. A respondent may affirmatively take many steps during the appellate process that can enhance the respondent’s chances of success on the appeal.