Betty, Neuman & McMahon, P.L.C.

October 2019 Archives

Defending employers in workers' compensation cases

Some people in the Quad Cities may believe that the workers' compensation process is almost "automatic." However, that is far from the case. Just because workers submit claims that they were injured on the job does not mean that workers' compensation benefits will be paid to those individuals. An application for workers' compensation benefits will be scrutinized to make sure it is a valid claim.

A bad outcome is not always medical malpractice

In your work as a physician, not every case turns out as you would hope, and some patients simply cannot find the healing they are seeking. This may be because they wait too long to seek help, their symptoms are not immediately discernable, they are not truthful when answering your questions or they do not follow your advice for whatever reason. Often, a bad end is simply because the patient's unique physiology does not respond to treatment.

Addressing sensitive issues in joint ventures

A joint venture between two companies can be a positive and profitable experience, but the underlying structure of the relationship, as well as the expected goals to be achieved, must be carefully outlined in advance. Addressing sensitive issues in joint ventures is a crucial part of the negotiation process.

Recent Decision: Notice Defense Successful to Iowa Employer in Workers' Compensation Action

Attorney Peter Thill obtained a favorable decision for an Employer upholding a notice defense before the Iowa Workers' Compensation Commission.

Recent Decision: Grant of Summary Judgment to Employer in Bad Faith Action Upheld before Iowa Court of Appeals

The Iowa Court of Appeals affirms a decision of the district court granting summary judgment to the employer and third party administrator in a bad faith action. On cross-motions for summary judgment, the District Court ruled in favor of the Defendants finding that the employee could not prove that the employer lacked a reasonable basis for denying workers' compensation benefits. The underlying defense and appeal for the employer and third-party administrator was handled by Amanda Richards assisted by Brandon Lobberecht.

What should you include in your estate plan?

Our readers may have seen a recent post here that discussed the wide variety of options that Iowa residents may consider when it comes to putting together a comprehensive estate plan. No two plans are the same, as each will vary depending on the financial and family circumstances of each person putting a plan together. So, what should you include in your estate plan?

Building a case in civil litigation

Any Quad Cities resident or business entity named as a "defendant" in civil litigation may be taken back by the allegations against them and, therefore, may be struggling to put together a cohesive defense strategy. But, just like plaintiffs, defendants must carefully build their cases to present a comprehensive and persuasive argument to rebut the plaintiff's case in arbitration, mediation or even in a civil trial.

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Betty, Neuman & McMahon, P.L.C.
1900 East 54th Street
Davenport, IA 52807

Phone: 563-326-4491
Fax: 563-326-4498
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