Employers maintain Workers’ Compensation Insurance to cover their employees who have been hurt while working on the job. This insurance pays benefits to employees who are unable to work because of their injuries as well as paying medical bills and other expenses until you recover.

The changes to the law that went into effect in 2005 benefit the employers not the workers. The biggest changes were made in the definition of “accident” and what constitutes permanent partial disability. Other changes involve giving your employer notice that you were hurt on the job, safety rules, and drugs and alcohol. These changes are designed to limit the access of the injured worker to Workers’ Compensation benefits.

If you get hurt on the job, you need to contact a lawyer. An experienced Workers’ Compensation lawyer will provide the legal advice to help you get the benefits in which you are entitled. It is important to contact your lawyer immediately, usually within 30 days of your injury. Contact an experienced Workers’ Compensation lawyer to assist you in receiving all of the benefits in which you are entitled.

Feel free to contact Ted Pashos of the Niedner Law Firm if you should have any questions about this area.

Typically, when an arrest warrant is sought by the Prosecuting Attorney’s Office on a felony charge, the application is sent to a Judge for him to sign a warrant for the arrest of the suspect. At the same time, the Judge routinely sets a bond which the defendant would have to post with the court in order to get out of jail.

Usually, that initial bond is a “cash only” bond, which means a bondsman cannot be used nor can property be put up. There are other types of bond other than cash, including a property bond or a surety bond.

When you hire a bondsman to post the bond, it is called a surety bond. Bondsmen typically charge 10% of the amount of the bond as their fee for posting the entire amount of the bond. You should retain the services of an attorney to request a change in the terms of the bond. if the original bond is “cash only”, an attorney can request that a surety bond or property bond be allowed to be posted or that the amount of the bond be reduced.

You should be aware that Missouri has a law which allows a Judge to grant a “10% cash bond”. This bond condition is usually not in the initial bond when it is set. Most Judges will wait until an attorney enters on behalf of the defendant and then will consider a motion filed by the attorney asking the Judge to authorize a 10% cash bond.

This type of bond allows the defendant, his family or friends to post 10% of the amount of the bond in cash in order to get the defendant released from jail. The defendant or the person posting the bond signs documents making them responsible for the entire amount of the bond but after only paying 10% of the bond.

Whether or not a Judge will grant your attorney’s motion to reduce the bond or to authorize a 10% cash bond depends on the position of the Prosecuting Attorney’s Office, the severity of the crime and the factors which the attorney can present to the Judge to put the defendant in the best possible light to the court.

When considering a bond condition amount and the terms, the Judge is legally obligated to consider two factors. First, the likelihood that the defendant will appear in court for his future court dates. Second, the safety of the community.

You have the constitutional right to remain silent. Use it.

You have the constitutional right to an attorney. Use it.

If you are questioned by a law enforcement officer, you should have the assistance of an attorney during that questioning. Most people do not realize that is you are not under arrest, the office does not even have the obligation to read you your Miranda rights which would inform you that you have the right to remain silent and to have an attorney present. It is only during a “custodial” interrogation that the officer is obligated to advise you of those rights.

In order to establish that the questioning was a “non-custodial” interrogation, the officer may do many of several things, including: asking you to follow him to the police station; questioning you at a neutral site; or advising you that you are free to leave at any time. Any of these procedures, and many more, would negate the obligation for the officer to advise you of your constitutional rights.

When being questioned by a police officer, you are at a distinct disadvantage. The officer has had hours of training in the methods of interrogation. You may assume that the more years of experience the officer has and the higher up he is in the chain of command, that the more training he has received in those skills. You are better off to remain silent in dealing with the officer than you are to lie to him. Lies can be investigated and uncovered and used against you as a presumption of guilt.

You should understand that the same is not true of the officer. Most people are surprised to find out that the officer is not constitutionally prohibited from lying to you. It is considered an acceptable interrogation practice for the officer to lie to the suspect. Promises of not filing charges, leniency, or “I won’t arrest you” do not obligate the officer to follow through on that promise.

Protect yourself by exercising your rights. Remain Silent! Request an Attorney! Do not answer the questions of the officer without having your attorney present.

Be smart! Your Founding Fathers had the foresight to give you the protections of the Bill of Rights. Use them!

The Missouri legislature used the phrase driving while
intoxicated (DWI) to define a person that “operates a motor vehicle while in an intoxicated or drugged condition.” A majority of the municipalities around St. Charles County have passed local ordinances that use the phrase driving while intoxicated.

Some of the confusion regarding the difference between a DWI and a DUI may be attributable to St. Louis City. Their ordinance states that it is a crime for a person to operate “a vehicle while under the influence of intoxicating liquor.” St. Louis City’s ordinance appears to have adopted the use of the phrase driving under the influence.

Both pieces of legislation clearly make it illegal to
operate a motor vehicle while intoxicated. The only significant difference in the two is that the St. Louis City Ordinance does not include any language about driving while in a drugged condition.

However, do not be fooled or mislead; it is still illegal to drive in St. Louis City under the influence of drugs, offenders will probably just be charged under the Missouri State Statute instead of the City’s ordinance.

Should you be stopped and charged with either a DUI or DWI, the first thing you need to do is call a knowledgeable attorney who specializes in DUI and DWI charges. Call Niedner Law Firm, in St. Charles, Warren County, Lincoln County or St. Louis County. They have the experience with DUI and DWI to help you through this time.

Inaction can quickly lead to financial disaster.

When Can a Parent Modify an Existing Order for Child Support or Custody?

In Missouri, either parent can request a modification of an Order for Child Support, Child Custody or Parenting Plan. It does not matter if you are the custodial parent, the non-custodial parent or if there is joint child custody.

Apart from an agreement between both parents, contested Modifications of Orders for Child Support or Child Custody can be a long and difficult process. It is best to speak with a family law or child custody attorney to help represent you in the Family Court.

Changes in Situations; Changes in Child Support

In some situations, circumstances change to the point that a Modification of Child Support becomes necessary for a parent or crucial for the well being of the child.

It is first important to recognize whether a continuing and substantial change in circumstances has occurred from the divorce (Dissolution of Marriage) or the last Order of Child Support. A significant change in income (of either parent) is typically the change that affects a change in child support payments.

Child Support Calculator

Missouri uses a Form 14 to calculate how substantial the change of child support payment may be. You can find many “child support calculators” online, but it is important not to rely on your calculations or their accuracy. These online child support calculators often do not keep up with the changes in law and can be misleading. You should talk with an experienced attorney who can fill out Missouri’s official Form 14 child support calculator. Only then will you have the most accurate child support payment amount.

Typically, a change in child support payment can be affected if the child support calculator shows a change of 20% or more from the current amount ordered.

A Change in Child Custody

Custody modifications are usually emotional and can be difficult. Substantial changes can range from a simple relocation of one of the parents, to allegations of neglect or abuse. While some occurrences are easily documented (criminal offenses or investigations by the Missouri Division of Family Services), other trials may need to rely on the testimony of experts and eye witnesses.

The party making the allegations will generally need to convince the Court that the allegations are true and that the child was or is directly affected by the conduct. If the argument is successful, the Judge has wide discretion in limiting visitation or requiring all visitation to be supervised.

Modifications of Child Custody and Child Support following a divorce can be difficult, emotionally taxing and legally challenging. If you have a need to discuss these issues, contact Bradley Bodeux of Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos L.L.P. in St. Charles, Missouri. Bradley is a family law attorney in Missouri. He is a certified and active guardian ad litem (GAL), with experience handling child support and child custody issues.

You may email him at BBodeux@NiednerLaw.com or call his St. Charles office at 636.949.9300.

Facts of the Case

In late summer 2004, William Stinson was involved in an automobile
collision that resulted in a lawsuit being filed against Mr. Stinson and
his parents and their automobile dealership. As part of discovery, the
Plaintiff requested Mr. Stinson’s confidential medical records.
Although, Mr. Stinson objected, the trial court ordered him to release
all confidential medical and psychological records pertaining to
treatment he had received for alcohol, drug, or substance abuse problems
dating back to 1990. In response Mr. Stinson’s lawyers, Scott Simpson
and Ted Pashos, appealed the trial court’s ruling all the way to the
Missouri Supreme Court.

Medical Confidentiality And Physician-Patient Privilege

The issue of medical confidentiality is at least as old as the
Hippocratic Oath:

Whatever, in connection with my professional service, or not in
connection with it, I see or hear, in the life of men, which ought not
to be spoken of abroad, I will not divulge, as reckoning that all such
should be kept secret.

The doctor-patient privilege is codified in Missouri by section
491.060.2 of RSMo 2000. The statute provides that a licensed physician
or psychologist is “incompetent to testify…concerning any information
which he or she may have acquired from any patient while attending the
patient in a professional character, and which information was necessary
to enable him or her to prescribe and provide treatment for such patient
as a physician….” This doctor-patient privilege “applies to medical
records and all aspects of discovery.” State ex rel. Dean v. Cunningham,
182 S.W.3d 561, 567 (Mo. banc 2006).

The Courts have long ruled there is a public good in not discouraging
patients from being open and honest with their doctors. The more honest
a patient is, generally the easier he or she can be treated. There are
exceptions, when a patient has a sexually transmitted disease, for
instance, but Mr. Stinson’s case is not affected by any of those
exceptions.

Ruling of the Court

The Missouri State Supreme Court found that Mr. Stinson would face some
possibility of embarrassment and invasion of his privacy were his
medical records to be released. This possible embarrassment and privacy
loss could be a deterrent to future patients in their medical dealings.
Additionally, Mr. Stinson’s situation is directly covered by Missouri
Statute, which prohibits the medical records from being forcibly
released.

The Missouri State Supreme Court ruled that the trial court should not
have ordered Mr. Stinson to authorize disclosure of his medical records.

If you need an attorney to represent you in a civil lawsuit or in front
of the Missouri State Supreme Court, contact Ted Pashos or Scott Simpson
of Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos in St. Charles,
Missouri.

Bringing a civil appeal lawsuit can be risky business. A majority of the cases, about 90%, taken up on appeal are affirmed – that is, the outcome is not changed.

Jayson Lenox and Scott Simpson, of Niedner Law Firm in St. Charles, MO, recently represented a client in an appeal to a successful reversal.

Rollin Moershel owned, with two other gentlemen, stake in a piece of real estate in St. Charles, Missouri. When Mr. Moershel died, his widow – Jane Moerschel – was entitled to a cash payout of 20% of the value of that piece of real estate.

The two remaining owners wanted to pay as little as possible to Mrs. Moershel and tried to convince the court that the appraised value of the building was not its “actual value”. The effect of their argument was to try to keep from Mrs. Moershel $45,000 they owed her.

This $45,000 was important to Mrs. Moershel because the buyout arrangement with the other two owners was to be a form of life insurance for her. When Rollin was alive, he was entitled to receive a portion of the building’s monthly rent. This rent acted as a part of his income stream during retirement.

Mr. Moershel knew that income stream would be cut off when he died. Therefore he wanted to be sure his wife would receive the fair value of his part of building when he died – for her to live on.

Mr. Lenox and Mr. Simpson represented Mrs. Moershel in successfully appealing the original ruling and making sure she received the money she was owed and that her husband had invested for her while he was alive.

The Missouri Court of Appeals

The Missouri Court of Appeals, Eastern District, ruled in favor of Mrs. Moershel, and instructed the original trial to amend their judgment. This ruling was perfect for Mrs. Moershel. Not only will she now receive the funds she is rightfully owed, but she does not have to go back to the original trial court and spend more money and time in a new case.

This outcome puts the issue to rest in favor of Mrs. Moershel.

If you need an attorney to represent you in a civil appeal lawsuit, contact Jayson Lenox or Scott Simpson of Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos in St. Charles, Missouri.

Better think again.

According to Jayson Lenox of Niedner, Bodeux, Carmichael, Hull, Lenox and Pashos L.L.P. located in Historic St. Charles, Missouri, most people just have not taken the simple steps to create a Will. While it may not seem like your most pressing concern, creating a Will & Trust could spare your family a tremendous amount of headache.

The benefits of creating a Will & Trust start with finances and assets, but aren’t limited to this area by any means. Just by having a Will, you can insure that your assets are distributed how you have wish. Forego having a Will, and your assets and items end up in Probate Court.

Avoiding Probate

Instead of taking a standard 2-6 months for assets to be distributed after death, Probate can take 12-18 months! Probate is not only time consuming; it’s also costly. For example, Probate Fees for $500,000 worth of assets would be in the neighborhood of $28,000. This is a staggering amount, especially when considering it could easily be avoided by creating a Will & Trust.

One Hour Of Planning

Lenox goes on to to say that much of the stress of dealing with the loss of a loved one and how their assets are handled, could be saved in as little as an hour of planning. A Will can quickly be produced after an office visit that takes about an hour in length. Still not convinced? The price of creating a Will package starts as low as $250.

Aside from the financial implications of not having a Will & Trust, the hardships that can arise within families after a death can be reason alone to create these important legal documents. Families already have to endure the stress of coping with a loss. Throw in the task of trying to decide who gets what, when motives and interests among the parties involved can be very different, and it is instant fuel for a family conflict – the worst kind of civil war. Take the advice of a good Will & Trust attorney: The benefit and gain far outweigh the small amount of effort it takes to create a Will.

What About The Kids?

Going a step farther, a Will allows for parents to decide who would take on the responsibility of children left behind. In the unfortunate case that children are left parent-less, it is important to decide in advance who would take responsibility for kids. Rather than children becoming wards of the state and their fate decided in a court room, that burden can be removed by creation of a Will & Trust. All responsible St. Louis area parents should stop for a moment and think about that scenario and the level of uncertainty and doubt it would cause a child to have.

An added benefit of a Will & Trust, is that the creator also can dictate how and when those assets are distributed to children. Should you pass early, is it important that funds are designated for your child’s college education? Will they need additional funds for extras such as clothing, a personal computer or even a car? Failing to designate this ahead of time means the funds will be under the supervision of Probate Court. This means that every cent spent must be documented and accounted for; and you’ll pay the court for the privilege. The costly fees for Probate Court will cut into the child’s inheritance, leaving less for them than initially planned for.

Power of Attorney

Along the same lines, a Power of Attorney over Finances and Health Care are also recommended by every good Law Office. A Power of Attorney outlines a person’s wishes for what happens to them while they are still alive. In the event a loved one becomes incapacitated either mentally or physically, or is just no longer to care for themselves or their affairs, a Power of Attorney handles the important questions. Questions such as “Who will take care of everyday business and affairs of the loved one?” or “If our loved one is hospitalized and incapable of making decisions for themselves, ‘Exactly what are their wishes?” These are all situations that can be handled much easier by creating a Power of Attorney. Not only is creating a Power of Attorney convenient and helpful to families, they are also inexpensive to create. A Power of Attorney can be created for as low as $125.

Not everyone wants to think too far ahead when it comes to planning for what happens when they have passed. A Will & Trust, as well as a Power of Attorney over both Finance and Health, can help to ease what is often already a tough and painful situation. Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos, L.L.P., handles this type of planning for people in St. Charles County, Warren County, Lincoln County and St. Louis County, Missouri and is very sensitive to family matters such as these. Call today (1.888.572.2192) with questions on how to plan for the future.

Report It Immediately

If you get hurt on the job in Missouri, you need to report it to your employer or supervisor and tell them exactly what happened. This triggers a duty upon your employer supervisor to arrange medical treatment and to file documentation with the Division of Workers’ Compensation. If you do not report the injury to your employer, you jeopardize your right to receive workers’ compensation benefits.

Your Benefits

Under Missouri law there are three types of benefits that you receive. The employer must provide and pay for all medical care necessary to treat your injury. All the costs of this medical care are paid by your employer or their workers’ compensation insurer.

The second benefit that you obtain is payment for lost wages. The maximum for lost wages that you can receive for any injury occurring after July 1, 2009 is $807.48 per week.

The last benefit that you may receive is compensation for permanent disability. This is based upon Missouri law which provides that the amount of the payment that is made corresponds with the amount of disability that you have incurred. Under Missouri law, the maximum weekly benefit for permanent disability for injuries occurring on or after July 1, 2009 is $422.97 per week. Your payment depends on the number of weeks of disability associated with your injury. Workers who are totally disabled or killed on the job are eligible for benefits as well as the deceased worker’s survivors.

All workers’ compensation claims in Missouri must be filed within two years of the accident or within two years of the date that the last benefit was paid. There are exceptions which may extend this statute of limitations, but those exceptions are limited.

If you are hurt on the job, make sure you report it to your supervisor immediately. If you have questions about workers’ compensation law in St. Charles County, Lincoln County, Franklin County or St. Louis County Missouri, please contact Ted Pashos of Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos. Mr. Pashos handles these types of cases and can get answers to any questions you have.

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When you are arrested for driving while intoxicated (DWI) the Missouri Department of Revenue will generally take affirmative steps to suspend or revoke your driving privileges. The suspension/revocation process is completely separate from the DWI charge. Here’s what you can expect to occur with your drivers license.

If you refused a breathalyzer

When you are asked to take a breathalyzer or other chemical test, the police are required to read you the Missouri Implied Consent Law. The law requires the police officer to tell you your refusal to take the breathalyzer will result in a one (1) year suspension of your driver’s license. The DWI lawyers at Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos, LLP are experienced at challenging the refusal to avoid the one (1) year suspension of their client’s driver’s license.

If you refused to take a breathalyzer or submit to other chemical testing, the police officer will issue you a 15 day permit to drive. It is extremely important to contact a DWI lawyer immediately because you only have 30 days from the date of your arrest to file a Petition for Review with the court. A Petition for Review is a civil lawsuit filed against the State of Missouri that contests the suspension/revocation of your driver’s license.

In most cases, once the Petition for Review is filed, you will receive a “Stay Order,” which is a court order preventing the Missouri Department of Revenue from suspending or revoking your license until you have a hearing on the issues raised by your DWI attorney.

Concerned about insurance after a DWI?

This might also be eye opening, but cases that involve the refusal to take a breathalyzer do NOT result in the requirement that you obtain SR-22 insurance. What is SR-22 insurance? SR-22 insurance is a type of high risk insurance that requires your insurance company to file proof of your financial responsibility with the State of Missouri. Usually, anyone who has their drivers license suspended or revoked has to obtain SR-22 insurance and maintain it for two years.

If you took a breathalyzer and failed….

If you fail a breathalyzer or other chemical testing and you want to keep your driver’s license you will have to request an administrative hearing from the Missouri Department of Revenue. These hearings can be highly contested because they are usually your word against the arresting officer and his police report. The following steps should provide you with a basic understanding of the process after failing a breathalyzer or other chemical testing:

1. You will be issued a 15 day permit to drive that acts as a full-blown license to drive after your arrest for Driving While Intoxicated (DWI).
2. Your St. Charles DWI lawyer only has 15 days from the date of arrest to start the legal process and request the administrative hearing.

If you choose to file for an Administrative Hearing (contesting the suspension/revocation of your driver’s license) a temporary driver’s license will be issued until your hearing date.

If you lose the hearing, or decide against requesting one, here’s what you can expect:

• You will lose your license for 30 days
• You are required to pay the State of Missouri a $45 License Reinstatement fee.
• You must take SATOP class (Substance Abuse Traffic Offender Program).
• After the 30 day suspension, a 60 day hardship license can be issued.
• You will be required to obtain SR-22 insurance.

We certainly do not condone drunk driving, but if you have received a DUI/DWI in St. Charles Country, St. Louis County, Lincoln County or Warren County, Missouri, it’s important to know how the process works, know the deadlines, and to also know the steps needed in order to get you to back on the right track. The lawyers at Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos, L.L.P., are experienced DWI attorneys. If you have received a DWI, please call our office at 1.888.572.2192 or 636.949.9300 and make an appointment so we may address the specific facts of your case. If you prefer you may email us at jcarmichael@niednerlaw.com or ssimpson@niednerlaw.com.

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