A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The Vermont Harvey Waiver is a legal document that allows individuals to waive certain rights and benefits provided by the state's workers' compensation system. This waiver is named after the landmark Vermont Supreme Court case, "Harvey v. State of Vermont Department of Public Safety," which established its legality and parameters. The purpose of the Vermont Harvey Waiver is to provide an option for employees to negotiate alternative compensation arrangements with their employers, instead of relying solely on the traditional workers' compensation benefits. By signing the waiver, workers and employers can agree upon different terms, such as modified benefits, a specific lump-sum settlement, or alternative medical treatment options, tailored to their unique circumstances. It is important to note that the Vermont Harvey Waiver is only applicable for workers' compensation claims arising from incidents occurring after July 1, 2013. This waiver is not retroactive and cannot alter or affect any rights or benefits from incidents before the specified date. Several types of Vermont Harvey Waivers exist to accommodate different needs and situations. The first one is the Standard Vermont Harvey Waiver, which allows employees to waive certain rights, including medical benefits, wage replacement, and vocational rehabilitation, in exchange for specific alternative compensation agreed upon between both parties. This type of waiver is commonly used when parties reach a mutual agreement on a fair settlement but wish to depart from the traditional workers' compensation framework. Another type is the Modified Vermont Harvey Waiver, designed specifically for workers who have sustained permanent work-related injuries. In this scenario, the employee and employer can negotiate alternative compensation arrangements that address the long-term impacts of the injury, such as ongoing medical expenses or disability benefits beyond what would be provided by the standard workers' compensation system. Lastly, the Vermont Harvey Waiver for alternative medical treatment options is available for those who prefer non-traditional or specialized medical treatments. Through this waiver, employees can forgo the standard medical benefits provided by workers' compensation and instead agree upon alternate therapies, experimental treatments, holistic approaches, or other non-conventional medical options. It is important to consult with an attorney experienced in workers' compensation law to understand the implications, limitations, and requirements associated with each type of Vermont Harvey Waiver. By doing so, individuals and employers can make informed decisions that best serve their interests while adhering to the legal framework established by the Vermont Supreme Court.The Vermont Harvey Waiver is a legal document that allows individuals to waive certain rights and benefits provided by the state's workers' compensation system. This waiver is named after the landmark Vermont Supreme Court case, "Harvey v. State of Vermont Department of Public Safety," which established its legality and parameters. The purpose of the Vermont Harvey Waiver is to provide an option for employees to negotiate alternative compensation arrangements with their employers, instead of relying solely on the traditional workers' compensation benefits. By signing the waiver, workers and employers can agree upon different terms, such as modified benefits, a specific lump-sum settlement, or alternative medical treatment options, tailored to their unique circumstances. It is important to note that the Vermont Harvey Waiver is only applicable for workers' compensation claims arising from incidents occurring after July 1, 2013. This waiver is not retroactive and cannot alter or affect any rights or benefits from incidents before the specified date. Several types of Vermont Harvey Waivers exist to accommodate different needs and situations. The first one is the Standard Vermont Harvey Waiver, which allows employees to waive certain rights, including medical benefits, wage replacement, and vocational rehabilitation, in exchange for specific alternative compensation agreed upon between both parties. This type of waiver is commonly used when parties reach a mutual agreement on a fair settlement but wish to depart from the traditional workers' compensation framework. Another type is the Modified Vermont Harvey Waiver, designed specifically for workers who have sustained permanent work-related injuries. In this scenario, the employee and employer can negotiate alternative compensation arrangements that address the long-term impacts of the injury, such as ongoing medical expenses or disability benefits beyond what would be provided by the standard workers' compensation system. Lastly, the Vermont Harvey Waiver for alternative medical treatment options is available for those who prefer non-traditional or specialized medical treatments. Through this waiver, employees can forgo the standard medical benefits provided by workers' compensation and instead agree upon alternate therapies, experimental treatments, holistic approaches, or other non-conventional medical options. It is important to consult with an attorney experienced in workers' compensation law to understand the implications, limitations, and requirements associated with each type of Vermont Harvey Waiver. By doing so, individuals and employers can make informed decisions that best serve their interests while adhering to the legal framework established by the Vermont Supreme Court.