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Council Bluffs Law Blog

IMPORTANT THINGS TO REMEMBER WHEN INJURED ON THE JOB

1. If you get hurt - report the injury. If the injury is more serious than a simple band-aide, report it to your employer or supervisor. Frequently, what are thought to be minor injuries at first, can develop and progress into a more severe situation. You may have been able to finish out your workday without a whole lot of trouble, but later that night or the next day you realize you've got a serious problem. Although you generally have 90 days to notify, a delay in notifying can appear suspicious. It can open up the door for the employer to claim that you may have done it while not at work. The details surrounding the accident or injury also may no longer be clear if you wait too long. Tell your employer you want to fill out an injury form, and keep a copy of that form.

"We Just Can't Talk" - When Communication Breaks Down after The Divorce is Over

When a divorce happens, the custody of the children is one of the most important decisions made by the court. The court can grant primary physical care to one parent, where that parent creates the "primary" home for the child and the other parent has visitation. The court can also grant joint physical care of the minor children to both parents, where the children reside equally on a shared basis with both parents. To change the custody arrangement after the divorce is finalized, the parent wishing to change the custody of the children must show that there has been a substantial change in circumstances. "Substantial" is the key word. A substantial change in circumstances does not usually occur if someone merely gets married or gets a different job. And previously the courts found that merely disagreeing with one another on parenting will not result in a substantial change of circumstances to warrant a change in custody. However, recently, the Iowa Supreme Court has found that Iowa courts have modified custody when "shared custody provisions . . . incorporated into the decree have not evolved as envisioned by either of the parties or the court" or when the parents simply "cannot cooperate or communicate in dealing with their children." Although communication alone may not create a substantial change in circumstances, the severity of the communication issues may rise to the level needed for the change to occur. It is important to contact an attorney and discuss what behavior/circumstances rise to the level of a substantial change in circumstances before you file for a modification of your Decree.

"We Just Can't Talk" - When Communication Breaks Down after The Divorce is Over

When a divorce happens, the custody of the children is one of the most important decisions made by the court. The court can grant primary physical care to one parent, where that parent creates the "primary" home for the child and the other parent has visitation. The court can also grant joint physical care of the minor children to both parents, where the children reside equally on a shared basis with both parents. To change the custody arrangement after the divorce is finalized, the parent wishing to change the custody of the children must show that there has been a substantial change in circumstances. "Substantial" is the key word. A substantial change in circumstances does not usually occur if someone merely gets married or gets a different job. And previously the courts found that merely disagreeing with one another on parenting will not result in a substantial change of circumstances to warrant a change in custody. However, recently, the Iowa Supreme Court has found that Iowa courts have modified custody when "shared custody provisions . . . incorporated into the decree have not evolved as envisioned by either of the parties or the court" or when the parents simply "cannot cooperate or communicate in dealing with their children." Although communication alone may not create a substantial change in circumstances, the severity of the communication issues may rise to the level needed for the change to occur. It is important to contact an attorney and discuss what behavior/circumstances rise to the level of a substantial change in circumstances before you file for a modification of your Decree.

ELIGIBILITY TO FILE A FARM BANKRUPTCY

Chapter 12 farm bankruptcies are designed to enable financially distressed family farmers to propose and carry out a plan to repay all or part of their debts. However, there are several factors to consider when determining if you are eligible to file a Chapter 12 bankruptcy.

Damages: What's the Value of My Personal Injury Case?

After sustaining an injury, there are many obstacles to overcome during the road to recovery. Specifically, an accident victim will have doctor appointments, medical bills, unanticipated missed work, and adjustments to daily living activities. Moreover, dealing with the aftermath of injuries can also contribute to depression. If the injury was caused by a negligent individual or business, then the injured party has to make a decision whether or not to pursue a claim for damages.

Proper Steps to Follow After the Inevitable Automobile Accident

Whether commuting to and from work or dropping off children at practice, the typical American motorist drives approximately 30 miles per day, making two trips with an average total duration of 46 minutes. (AAA Foundation for Traffic Safety and the Urban Institute). Nobody anticipates getting into an automobile accident, but the reality is that most motorists will experience some type of car accident sooner or later. The best mindset for motorists is to expect the unexpected. Accordingly, motorists should be prepared how to properly react in case of an automobile accident.

OLD INJURY MADE WORSE DUE TO WORK

Many workers' compensation claims get denied on the grounds that people had a past medical condition. Don't be fooled or just take no for an answer. If you have injured a part of your body for which you received past medical treatment, therapy, or even surgery, you are still entitled to compensation if your work has made this past condition worse. It is common that repetitive bending, twisting, and lifting will make a bad back much more painful. Insurance companies will often also argue that your activities outside of work are a contributing cause. While that may be true, work is also frequently a contributing cause to increased symptoms. Under Iowa law, your work does not need to be the major factor leading to your injury or symptoms, as long as it is a factor. You may have injured your back several years ago, had surgery, and returned to work, only to reinjure the same part of your back. If so, you are entitled to worker's compensation. You may have long-standing arthritis in your knees, and received previous treatment for the condition. Nevertheless, you are still entitled to compensation if you sustained a new injury due to your work. Past injuries can be made worse over time due to workplace activities. If you have had your claim denied because you have a past medical condition, contact Walt Thomas at Telpner Peterson Law Firm, LLP at (712) 325-9000 to assist you in obtaining the compensation to which you are entitled.

Taxability of Alimony..."Do I have to pay tax on my alimony"?

In many divorce cases, alimony (which is also sometimes called "spousal support") is awarded. The concept of alimony is to award money from one spouse to the another during the pendency of the proceedings pursuant to an order of the court or after the entry of the Decree. Alimony has to be court ordered to be tax deductible.

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Telpner Peterson Law Firm, LLP
25 Main Place, Suite 200
Council Bluffs, IA 51503

Phone: 712-325-9000
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