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Obama has bipartisan support for Syria strike
WASHINGTON — President Barack Obama's call for a military strike in Syria won significant momentum Tuesday, with leaders of both parties in Congress announcing they are convinced that Syrian President Bashar Assad used chemical weapons against his own people and that the United States should respond.
Republican House Speaker John Boehner emerged from a White House meeting and told reporters: "This is something that the United States, as a country, needs to do. I'm going to support the president's call for action. I believe that my colleagues should support this call for action."
House Majority Leader Eric Cantor and House Democratic Leader Nancy Pelosi also said they will support Obama because the U.S. has a compelling national security interest to prevent the use of weapons of mass destruction.
But their endorsements still don't resolve the deep ambivalence and even opposition toward action in both parties, and Boehner's spokesman followed up the speaker's announcement by describing the resolution's passage as "an uphill battle." Dozens of conservative Republicans and several liberal Democrats have come out against intervention, and may be prepared to ignore the positions of their leaders and the president.
Pelosi stressed that Americans need to hear more of the intelligence to be convinced that a strike is necessary. "I'm hopeful that the American people are persuaded," she said.
"This is behavior outside the circle of civilized human behavior and we must respond," she argued as she left the West Wing.
Obama met with more than a dozen lawmakers in the White House Cabinet Room to press the case for strikes aimed at dismantling Assad's chemical weapons capabilities. The president said he's confident Congress will authorize the strike and tried to assure the public that involvement in Syria will be a "limited, proportional step."
"This is not Iraq, and this is not Afghanistan," Obama said.
Tennessee Republican Sen. Bob Corker, top Republican on the Foreign Relations Committee, told reporters Tuesday that he was working with panel Chairman Robert Menendez, D-N.J., to craft a resolution narrower than the broad measure the administration proposed on Saturday. He said their resolution, which could be ready as early as Tuesday evening, would limit the duration of the operation and prevent the deployment of U.S. ground troops.
Obama indicated he is open to changing the language to address lawmakers' concerns and called for a prompt vote.
"So long as we are accomplishing what needs to be accomplished, which is to send a clear message to Assad, to degrade his capabilities to use chemical weapons, not just now but also in the future, as long as the authorization allows us to do that, I'm confident that we're going to be able to come up with something that hits that mark," Obama said.
Sen. Rand Paul said he would probably vote against any resolution. But he said it also wouldn't be helpful to amend the resolution in a way that constrains the president too much to execute military action, if authorized.
After Obama met with the congressional leadership, administration officials offered a classified briefing for all members of Congress. Sen. Joe Manchin, D-W.Va., emerged saying he has concerns about a U.S. attack, including how Assad's purported use of chemical weapons represented a threat to the U.S. "There's an old saying, we don't have a dog in the fight. In this case, back home in west Virginia, they're saying we don't have any friends in the fight either," Manchin said.
Asked specifically about Boehner's endorsement, freshman Rep. Trey Radel, R-Fla., said he still hadn't made up his mind.
"Being new here, I'm very skeptical of Republicans and Democrats that have dragged us into wars of the past," he told reporters. "Still today, when we look at Afghanistan and Iraq, I am questioning: What is the end goal within these countries? What have we accomplished with so many lives being lost?"
Boehner spokesman Brendan Buck put responsibility for winning votes in the White House's hands in a written statement following up on the speaker's brief comment to reporters. "Everyone understands that it is an uphill battle to pass a resolution, and the speaker expects the White House to provide answers to members' questions and take the lead on any whipping effort. All votes authorizing the use of military force are conscience votes for members, and passage will require direct, continuous engagement from the White House," Buck said.
Secretary of State John Kerry, Defense Secretary Chuck Hagel and Joint Chiefs Chairman Gen. Martin Dempsey also attended the meeting with lawmakers before heading over to Capitol Hill for testimony later in the day before the Senate Foreign Relations Committee.
The U.S. said it has proof that the Assad regime is behind attacks that Washington claims killed at least 1,429 people, including more than 400 children. The Britain-based Syrian Observatory for Human Rights, which collects information from a network of anti-regime activists, says it has so far only been able to confirm 502 dead.
"We are talking about weapons of mass destruction. This is a war crime," said New York Rep. Eliot Engel, who attended the White House meeting as the top Democrat on the House Foreign Affairs Committee. "If we didn't respond in kind it would send a message to every despot, every thug, every dictator, every terrorist group in the world that you can commit war crimes and murder your own citizens with impunity and nothing is going to happen."
Boehner said only the United States has the capability and the capacity to stop Assad. "We have enemies around the world that need to understand that we're not going to tolerate this type of behavior. We also have allies around the world and allies in the region who also need to know that America will be there and stand up when it's necessary," he said.
Boehner was the only Republican to speak to reporters after the White House meeting and he took no questions. Cantor announced his support in a statement that argued, "America has a compelling national security interest to prevent and respond to the use of weapons of mass destruction, especially by a terrorist state such as Syria, and to prevent further instability in a region of vital interest to the United States."
Senate Republican Leader Mitch McConnell also attended the meeting, but did not commit to supporting authorization afterward and instead encouraged the president to keep updating the public. "While we are learning more about his plans, Congress and our constituents would all benefit from knowing more about what it is he thinks needs to be done — and can be accomplished — in Syria and the region," he said in a statement.
After a decade of war in Iraq and Afghanistan, polls show most Americans opposed to any new military action overseas. Their skepticism is shared by many tea party Republicans and others, whose views range from ideological opposition to any U.S. military action overseas to narrower fears about authorizing the use of force without clear constraints on timing, costs and scope of the intervention.
Obama's task is complicated further because he leaves for a three-day trip to Europe on Tuesday night, visiting Stockholm, Sweden and then attending the Group of 20 economic summit in St. Petersburg, Russia. Vice President Joe Biden's office said he was postponing a trip to Florida Thursday to stay in Washington and work on Syria while Obama is away.
Associated Press writers Alan Fram, Donna Cassata and Darlene Superville contributed to this report.
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Following one of the hottest summers on record, the fall looks to be exceptionally toasty as well. The National Oceanic and Atmospheric Administration's fall outlook calls for above average temperatures across the entire Lower 48 and Alaska.
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Wilkins homers, drives in three in victory
GLENDALE, Ariz. -- During four starts against the White Sox in 2012, Kansas City starter Jeremy Guthrie allowed just one earned run over 29 2/3 innings.
The White Sox topped that paltry total in the first four batters of Monday's 9-7 victory over the Royals at Camelback Ranch.View Full Game Coverage
GLENDALE, Ariz. -- During four starts against the White Sox in 2012, Kansas City starter Jeremy Guthrie allowed just one earned run over 29 2/3 innings.
The White Sox topped that paltry total in the first four batters of Monday's 9-7 victory over the Royals at Camelback Ranch.View Full Game Coverage
Of course, this is early in Spring Training, when starting pitchers are building up their pitch total and often working on certain pitches in the course of a game. But any solid contact for the White Sox against Guthrie always is a positive.
Alejandro De Aza opened the game with a single to center and moved to third on a perfectly executed hit-and-run single to right by Marcus Semien. After Avisail Garcia lined out to shortstop Jason Donald, Andy Wilkins connected on a long three-run shot to right. Paul Konerko lined out to right and Jordan Danks doubled to center, before Matt Davidson struck out swinging to end the first.
Guthrie worked a perfect second, giving up three runs on four hits, while striking out one and not issuing a walk. Guthrie also thought he executed good pitches on the first two hits of the first inning.
"And the home run was the guy putting a good swing on a 2-1 changeup that caught the middle of the plate, it stayed up and he knocked it out of the ballpark," Guthrie said. "So I think one pitch wasn't executed in the inning and it cost you three runs and that's what happens in baseball. The next inning I probably didn't execute two or three pitches and got three outs."
Jose Quintana made his 2014 Cactus League debut by working three innings against the American League Central rival. Quintana struck out Lorenzo Cain during a perfect first but allowed a pair of two-out runs in the second, courtesy of Johnny Giavotella's triple and Jarrod Dyson's single. Quintana exited having struck out one and walking two.
"I feel really good with my fastball, in and out," Quintana said. "My curve and changeup were working good. I have two good innings. One inning I feel a little uncomfortable but I felt really good."
Kansas City tied the game at 3-3 with one run in the fourth and took the lead with two in the sixth off of reliever Chris Bassitt. Jorge Bonifacio and Cain picked up run-scoring hits.
Reliever Luke Hochevar worked two scoreless innings for the Royals, striking out two. Konerko, Danks, Wilkins, Donald, Dyson and Cain turned in multi-hit efforts, with the White Sox scoring four in the sixth off of reliever Tim Collins on four hits and an error after two were out. Hector Gimenez delivered the two-run, go-ahead double, with three of the runs being unearned.
Conor Gillaspie doubled home two more runs in the seventh to make it 9-5. Bonifacio hit his first spring homer in the eighth, a two-run shot that made it 9-7.
Up Next: The White Sox make one complete turn through their rotation, as Erik Johnson makes the start for this 2:05 p.m. CT contest in Goodyear against the Indians. Adam Dunn, who missed Sunday and Monday while attending the Oscars in support of 'Dallas Buyers Club,' a movie he financially contributed to and had a small part in, is scheduled to be back in action.
Scott Merkin is a reporter for MLB.com. Read his blog, Merk's Works, and follow him on Twitter @scottmerkin.

subset: commoncrawl


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The first step in applying for a grant is to fill out your FAFSA, the Free Application for Federal Student Aid.
Federal Pell GrantsEligible students are awarded grants from the federal government in amounts between $626 and $5,775 (2015-16). Federal Supplemental Educational Opportunity Grants (FSEOG)
You may be eligible for a federal grant ranging from $200 to $1,000.
State Grants If you're a Pennsylvania resident, the information on your FAFSA will automatically be sent to the American Education Services/Pennsylvania Higher Education Assistance Agency. AES/PHEAA will determine if you're eligible to receive a state grant. If you have any questions, contact PHEAA at 1-800-692-7392.
During the 2015-2016 year, Pennsylvania
state grants ranged from $500 to $3,970
If you're not from PA, we encourage you to check to see if your state provides grants.
Education Resource Organizations Directory
Important Policy Change for PA State Grants and Online Classes
Beginning in Fall 2013, there is a new PHEAA-mandated Classroom Instruction Policy which requires Pitt-Bradford to monitor the percentage of coursework a student takes online on a term-by-term basis.
A student may receive a state grant award for a term as long as he or she takes at least 50 percent of their credits for that term in the classroom.
In previous academic years, Pitt-Bradford had the ability to monitor this requirement on the basis of each academic year or a student's entire program of study.
Courses offered online or through distance education are not considered in the classroom.
Student teaching experiences, internships, laboratories, externships, and clinical experiences conducted under the supervision of a faculty member are considered to meet the in the classroom definition.
However, Pitt-Bradford has applied to participate in a limited offering of Distance Education PA State Grants. If you are not eligible for a regular PA State Grant because more than 50 percent of your credits are not in the classroom, you will be nominated for the Distance Education PA State Grant. If you are found eligible, you will be notified. This funding is provided to Pitt-Bradford by the federal government and is awarded to the neediest Federal Pell Grant eligible students.
Don't miss the priority deadline of March 1st.
Learn more »
Reap the many benefits of earning that degree
Learn more


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India has unveiled an updated design for its fifth-generation fighter concept, known as the Advanced Medium Combat Aircraft (AMCA).
Representations of the fighter have changed often in the last few years. But the scale 1:8 model of the concept displayed at last week's Aero India 2013 show in Bengaluru is understood to be the final airframe and platform with which the program will proceed.
The twin-engine, stealthy, multirole fighter was first unveiled at the Aero India show in 2009, in the form of a metallic wind-tunnel model. At the show in 2011, a reshaped model saw its designers give it an F-22-like sensibility.
The final design, or at least the one the concept designers have put out this year, is strongly reminiscent of the Northrop Grumman YF-23 experimental fighter prototype that lost to the Lockheed-Martin led F-22 Raptor program in 1991.
The AMCA's new fuselage is stretched, with symmetric trapezoidal wings, notably losing the leading edge extensions that were thought to be part of the design. The aircraft is to sport an internal weapons bay and fully indigenous stealth technologies under development, including radar-absorbent paint and composites.
That is the plan, at any rate. With the country's Tejas Light Combat Aircraft (LCA) program increasingly adrift ahead of a 2015 squadron service target, there has been skepticism within the Indian air force (IAF) about the pragmatism of committing resources toward an indigenous fifth-generation platform, especially when more than $10 billion will soon be committed to the Hindustan Aeronautics Ltd. (HAL)-Sukhoi PAK FA-based fighter program. But those concerns haven't stood in the way of resources and funding flowing into the AMCA program and an elaborate wish list of technologies being lined up to define an aircraft that almost certainly won't see a first flight before the next decade.
"Let's be clear: the HAL-Sukhoi program isn't a joint effort," says an IAF officer with Bengaluru-based Training Command. "The airframe will be identical to the ones the Russians currently have in flight test. Our decision to go with a single-seat configuration is principally to avoid potential time overruns that will almost certainly be part of designing such a configuration. The maximum that HAL will do is insert a few systems of our choice and play lead integrator for the 'MKI,' if you will. Therefore, it is imperative that India look ahead and begin developing technologies and platforms like the AMCA. We cannot forever be a buyer of aircraft that are conceptualized, designed by others, and simply assembled or license-built here."
A senior scientist at the AMCA directorate in Bengaluru says, "We have the fourth-generation Tejas on the one hand. But evolutionary technologies we are developing for the AMCA are on the cutting edge. They hope to be comparable with the best in the world. If we need a little help along the way in the interests of pragmatism, cost and time, we will study the feasibility of cooperation. But this ideally needs to be a fully Indian program. Sensitive stealth technologies will not be shared by foreign technology companies."
A brief list of the ambitious technologies that India's Aeronautical Development Agency (ADA) hopes to equip the AMCA with includes a panoramic active matrix cockpit, triplex fly-by-light electro-optic architecture, serpentine air intakes to suppress radar signature and an optic-fiber-based digital flight control computer.
Describing the AMCA as a "fifth-generation-plus" platform, DRDO chief Vijay Saraswat recently said, "Work on the AMCA will begin soon. This will involve identifying technologies and systems for the aircraft."
At a seminar ahead of the Aero India show, he also made an appeal to Indian private sector firms to offer support and get involved in the program. Sources indicate that aircraft companies including Saab, Dassault and EADS have expressed a willingness to consult with the ADA on the AMCA concept to speed things along. A formal selection of possible foreign technologies could happen later this year.
Tejas photo: Indian defense ministry


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* Straight from today's Merc website (MY VERSION)/
When he could've snarled about the calls and plays not made, Jim Harbaugh instead spoke quietly and took the graceful long view on Sunday evening.
Was that a peaceful omen for the months ahead, which almost certainly will include talks between the coach and 49ers ownership about a long-term extension?
Or was Harbaugh only experiencing a brief moment of somber calm after the loss to Seattle in the NFC Championship Game…
And before a potentially very sticky off-season of negotiations for him, Colin Kaepernick and several other 49ers headliners?
We shall see. All hell could plausibly break loose ASAP, of course, but Harbaugh's tone on Sunday did not immediately ring alarm bells about his longevity as 49ers coach.
In fact, Harbaugh suggested that the 49ers' frenetic NFC Championship Game loss to Seattle was not the end of the world, but part of a strong, proud continuum.
"It's great competition," Harbaugh said at the podium minutes after the final gun in Seattle. "Not many people get to be in this arena and I'm proud of our guys for the fight that they showed today and all season…
"They truly believed it—just one drive, one touchdown drive, and we move on. That's what our guys believed would happen. We came up short."
There's little question that Harbaugh, who has two seasons remaining on his five-year, $25-million deal, is interested in a significant raise from the 49ers.
Harbaugh's camp and CEO Jed York had preliminary extension talks last off-season, but those were tabled when both sides realized they weren't close to a deal.
Harbaugh, the first coach to lead a team to a conference championship game berth in his first three seasons, is currently not among the top-10 highest-paid coaches in the league and he's third in the NFC West behind St. Louis' Jeff Fisher and Seattle's Pete Carroll.
Multiple sources say that Harbaugh and his agent suggested he should be lifted near or above the current No. 1 salary spot (something close to $8 million a year) in any possible new deal.
And now? As recently as last month, when Harbaugh's name emerged as a potential candidate at the University of Texas, York said he planned to talk more seriously with Harbaugh about a new deal this off-season.
"We'll sit down at the end of the season and talk about all this," York said then.
"And I hope he has the utmost leverage when we do that… meaning after we win a Super Bowl."
But for York—sticking by the philosophy of his uncle Eddie DeBartolo, Jr.–there is not much negotiating leverage for a coach who almost beat Seattle.
So… can Harbaugh and York find a middle ground? If the two sides have the right attitudes going into this, yes.
The 49ers cannot find a better coach for them, whatever the price; and Harbaugh cannot be in a better place to go after that elusive Lombardi Trophy.
Will this marriage last forever? No, that's just not Harbaugh's history—he can wear thin, and both sides know this.
But to make him happy for the next few years, York probably will have to give Harbaugh a raise at least to the $6.5-million range with clauses that would jump it to $8 million if he wins a Super Bowl.
And to keep this 49ers ride going, Harbaugh probably has to accept that he'll only make top-dollar if he wins the Super Bowl, and not before then.
Or Harbaugh could decline any moderate extension offer and decide to roll the dice on 2014. That would up the stakes and the tension and the possibility that he's a short-timer with the 49ers… and maybe looking to go elsewhere in 2015.
Some of this is tied into Kaepernick's future, too, since Harbaugh picked and developed the quarterback and since Kaepernick is eligible for a long-term extension himself.
Kaepernick, earned less than $1 million this season and has another year to go on his rookie deal, but the 49ers can protect against a massive future salary cap hit if they work out a long-term deal now.
Baltimore's Joe Flacco, in a similar spot last season, won the Super Bowl and signed a new deal worth an average of $20.1 million per season.
But Kaepernick did not have a great individual performance in 2013, did not get to or win the Super Bowl, and has failed to hit passes at the end of the 49ers' last two playoff losses.
So I can't see Kaepernick getting anything close to top-10 QB money, not with the 49ers needing to save dollars to try to re-sign
Anquan Boldin and negotiate long-term deals with Mike Iupati and Michael Crabtree, among others.
If Kaepernick is willing to compromise, he could fairly seek something near Alex Smith's $8-million-plus annual average—right in the middle of the NFL starting QB salary spectrum.
Kaepernick would've had big leverage if he had completed that last pass to Crabtree on Sunday, and then won the Super Bowl. Harbaugh would've had mega-leverage, then, too.
But the 49ers lost, and now it's up to both men to either cut the best compromise deal out there… or hold off, and bet it all on 2014.


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Read About Hormone Testing in Edina MN
Reviewed By: Dr. Kurt Kloss, MD
Last Reviewed Date: Apr 24, 2019
Hormone Health Testing Labs in Edina, MN
Hormone imbalance or deficiency can have a big impact on a person's quality-of-life, with the symptoms these problems can cause affecting health, mood, energy levels and libido, among many other aspects of overall well-being. If you aren't feeling quite right and haven't been able to narrow down a cause with your healthcare provider, looking into where to get a hormone health test near Edina, MN may be your best next step in getting to the bottom of things.
Taking good care of your hormone health is important.
Hormones play essential roles in virtually every vital organ and system in your body, so it's should be no surprise that hormonal imbalance or deficiency can cause a wide range of problems. If your hormone levels aren't quite right, you may have trouble sleeping, despite feeling tired all the time. You may be irritable or have mood swings, be depressed and anxious or suffer from intense hot flashes. Perhaps sex doesn't interest you as much or is uncomfortable. Maybe you're seeing weight gain, are feeling weak or have noticed skin changes, such as dryness or increased skin aging. These symptoms and others can be signs that your hormone health is changing, whether that is due to menopause, testosterone deficiency or a hormonal disorder. Visiting a health testing lab for a hormone health test near Edina, MN can help you find out for sure.
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Quilt designer: Pat Sloan
From Quilts and More, Fall 2006
4 -- 1/8-yard pieces coordinating prints (flap)
1/2 yard red print (bag, strap)
1/3 yard green print (bag and flap linings)
12x50" thin cotton batting
1/4 yard fusible fleece
7 or more 10" lengths of ribbon, yarn, rickrack, or other trim
Assorted embellishments such as beads, charms, and antique buttons
Finished Bag:
Quantities are for 44/45"-wide, 100% cotton fabrics. All measurements include a 1/4" seam allowance. Sew with right sides together unless otherwise stated.
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A Spanish Eurofighter Typhoon jet crashed before landing at the Morón de la Frontera airbase near Seville yesterday (June 9). Major Fernando Lluna Carrascosa, the 30-yr old pilot from Madrid, married and father of a 9-month old daughter died in the crash. He is the first Spanish Air Force pilot to die in a Typhoon crash.
The aircraft came down in the early afternoon during a routine scramble. Spanish military sources say the plane hit the ground less than a kilometre from the runway with no warning of trouble from the pilot who had 600 flight hours on this aircraft. He was unable to eject.
This is the third Eurofighter crash in Spain which has the worst crash record of the four Eurofighter program partners (Italy, Germany, Spain and the United Kingdom) although it has the fewest number of aircraft and they fly fewer hours.
The first accident happened on November 21, 2002 when a prototype crashed near Toledo while it was flying at 15,000m. Accident investigators attributed the crash to the failure of the engine which was not the one which equips the series production Typhoons. Both pilots ejected safely.
The second occurred on August 24, 2010 when a Saudi officer who was under instruction at the Morón base died when his aircraft crashed shortly after takeoff. The Spanish instructor managed to eject safely. Following this accident all ejector seats of the fleet were reviewed.
Spanish defense ministry photo
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Retailing, the Economy, and the Energy Crisis By SAMUEL FEINBERG/Women's Wear Daily and DAVID V. BURCHFIELD/Partner This has been a winter of discontent for the nation's retailers. Fuel shortages have compounded the worst inflation in a quarter century. Faced with an uncertain economy and an energy crunch, what are retailers thinking and doing? They are steering a course between Scylla and Charybdis. This round-up of opinion, drawn from all sectors of the industry, reveals the scope of their dilemma. Arthur F. Burns, Federal Reserve Board chairman, offers one benchmark. As he sees i t , the current slowdown "does not appear to have the characteristics of a typical business recession." Industrial production may fall and unemployment may r i s e , he suggests, but neither will be "pervasive or of extended duration. " Retailers themselves are not pessimistic. Their attitude may be summed up by Thomas M. Macioce, president, Allied Stores Corporation: "We cannot accept the pessimistic point of view that sales and earnings must decline during the spring season. The so-called energy crisis will provide greater opportunities for increased sales in downtown locations and greater sales in concentrated periods as people move toward one-stop shopping. "The crucial question is not what effect the consumer will have on the economy, but, rather, what will people like ourselves, who manage and direct s a l e s , do to insure that the consumer utilizes the purchasing power that is available to keep our economy on a sound b a s i s . " Or, in the words of Philip M. Hawley, president, Broadway-Hale Stores: "We want no part of pessimism, which can become a self-fulfilling prophecy unless we ward it off. " The consensus is that an unstable business climate will continue for the first half of the year and, considering the inflation bite, result in at best flat sales for that period. However, assuming (1) an improvement in the energy problem, (2) an upturn in business conditions, and (3) a growth in the rate of employment, the industry expects increases in retail volume for the year as a whole. Conceivably, retailers may do as well in 1974 as they did in 1973. Conditions in retailing differ substantially, of course, depending on the type of retailer and the particular merchandise and services offered. As William M. Batten, chairman, J.C. Penney C o . , says, "If consumers spend less for cars and new homes, i t is entirely possible general merchandise retailing will do well even if people have no greater purchasing power. " On February 1, the Cost of Living Council brightened the picture somewhat, when it exempted the general merchandise retail industry from economic stabilization controls, although still keeping a string on the industry through profit margin reporting and promises by large chains to limit profit increases. This action was hailed by retailers previously under the restrictions of Phase IV. It remains to be seen, however, whether consumers will accept the inevitable sharp price increases in the necessities of life. Apparel, for example, may exceed
Object Description
Retailing, the economy, and the energy crisis
Feinberg, Samuel
Burchfield, David V.
Retail trade
United States -- Economic policy -- 1971-1981
Tempo, Vol. 20, no. 1 (1974), insert
|Originally published by: Touche Ross, & Co.
|Copyright and permission to republish held by: Deloitte
|PDF page image with corrected OCR scanned at 400 dpi
|Deloitte Digital Collection
|Digital Publisher
|University of Mississippi Library. Accounting Collection
|Date-Digitally Created


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HOUSTON -- Retail gasoline prices have taken a tumble this week across Texas.
AAA Texas on Thursday reported the statewide average price fell 12 cents to settle at $3.39 per gallon. The national average price at the pump slipped 14 cents, to reach $3.60 per gallon.
The association survey found El Paso has the most expensive gasoline in Texas at $3.49 per gallon. Fort Worth and Galveston posted the least expensive gasoline statewide at $3.34 per gallon.
The Energy Department says U.S. oil supplies grew last week by 5.9 million barrels, or 1.6 percent. The nation's oil inventory, at 375.1 million barrels, is 11.1 percent above year-ago levels.


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The best part was her just holding the basket above the water like she was trying to steam it or something. <33333333333
they really do know each other lol tim guess that probably marie will boil the egg above the water (which she did)and also said that she tend to overcook things (which she also did) i love this team so much and Marie is definitely one of the best female racer in TAR
Reebsicle Cheer Squad... assemble.
I find weird that no one (I think) mentioned them being the first ever "exes" team on TAR. Like, I have seen a lot of talk in this forum related to the teams' professions or relationships, so Tim & Marie's is really unique
John Vito and Jill were exes in TAR11 iirc
Weren't Frank & Margaritta in Season 1 also formerly dating, or something like that? Or separated parents?
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Huge Stock of Substrate Available
Check out this substrate
We have a stock of Substrate at the nursery.
For some time now I have repotted all my personal collection of plants into a very free draining substrate comprised of pumice and Akadama (JapaneseFired Clay).
It produces very good results in plant growth although the watering regime has to be stepped up and more feed has to be applied.
I have now got in stock several tonnes of a new material comprised of pumice and clay which is widely used in continental nurseries and it is proving very efficient in promoting plant growth.
We will be selling this material at the nursery if you want larger quantities or we will be taking it to most of the shows and lectures we are attending.
If you want us to bring you some please let us know or we can supply smaller quantities via our online shop.
We are also able to welcome visitors to our nursery in Blackhorse Road, Woking but please first telephone to ensure we are available as we do not have set opening times.
If you are unable to reach us on our landline please try Bob on his mobile 07836 334011.
What's New
Check out this substrate
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November 2013 Ethiopian
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We list below all the various shows , plant...
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A Marketer's Guide to Pinterest, Video and Infographic
The Marketer's Guide to Pintrest infographic video from MDG Advertising illustrates this hot new trend with this video that builds on their static infographic Pin It To Win It!
MDG Advertising has produced an engaging video highlighting the facts, figures, and findings from its popular "Pin It To Win It" infographic.
The video details the social site's demographics, growth, and potential to drive abundant traffic to company websites. Pinterest is especially popular with the most highly coveted markets—about 60 percent are female and 80 percent are in the 25 to 54 age demographic. Plus, Pinterest drives more referral traffic than Google+, LinkedIn, and YouTube combined.
The video goes on to cover the brands, both large and small, on board the pinboard phenomenon, such as Whole Foods, Etsy, West Elm, and Real Simple. These companies reflect the cooking, décor, and crafts interests that are prevalent among the Pinterest audience.
In addition, the video helps marketers navigate Pinterest's features and terminology by demonstrating the "pin," "repinning," and "board." It also shows how companies can leverage Pinterest for maximum response and referral traffic, whether by improving their image quality or promoting more than just a product line.
Only a couple companies have begun to leverage the research and time put into developing a static infographic, by using that same data to produce an infographic video that reaches a whole new audience. It's a very effective way to get the most out of the data research that was already done as part of designing the original infographic.
The most disappointing thing is that whoever did the video production got the data visualizations wrong. Since when is 6 six times as big as 3? And 27 only twice as big as 6?
3% and 7% sections of the stacked bar can't be the same size. In fact, 3% looks a little bit bigger to make room for the text.
Here's the original static infographic, Pin It To Win It, where they got the data visualizations correct. I'm guessing that the infographic designer was not involved in the video production.
Thanks to MDG Advertising for sending in the link! Also found on Daily Infographic and The Infographic Showcase.


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Does anyone here have any practical or religious uses of a repurposed word?
I will share one with you
I have repurposed the word "it" to mean "fear". For me this is a deeply religious thing - Not as much practical, however, very often I have found that treating the word "it" to actually mean the word "fear" can be viewed as true
I've additionally repurposed the word "it" to mean "an intention". Another deeply spiritual use of repurposing a word
When hearing the word "it" in conversation, I usually first attribute "it" as intended by the speaker.. however sometimes I repeat the thought to myself with the word "it" replaced as the words "fear" or "an intention".. in that order
Its difficult to explain why I do this


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J. Edgar Hoover
News about J. Edgar Hoover, including commentary and archival articles published in The New York Times. More
Jan. 1, 1895 - May 2, 1972
Mr. Hoover was the first Director of the Federal Bureau of Investigation. His power was a compound of performance and politics, publicity and personality. At the base of it all, however, was an extraordinary record of innovation and modernization in law enforcement -- most of it in the first decade or so of his tenure.
The centralized fingerprint file at the Identification Division (1925) and the crime laboratory (1932) are landmarks in the gradual application of science to police work. The National Police Academy (1935) has trained the leadership elite of local forces throughout the country. Mr. Hoover's recruitment of lawyers and accountants set a world standard of professionalism.
From the start, Mr. Hoover got results. His bureau rounded up the gangsters in the nineteen-thirties. It made the once epidemic crime of kidnapping a rarity. It arrested German saboteurs within days after their submarines landed them on the Atlantic Coast. And, in one of its most sensational coups, the F.B.I. seized the slayers of Mrs. Viola Gregg Liuzzo only hours after the civil rights worker's shotgun death in Alabama in 1965.
The F.B.I does not catch everybody, and it is sometimes many months before any of its "most wanted" suspects are arrested. But Mr. Hoover executed enough seemingly miraculous swoops to make any specific criticism perilous. -- Adapted from his obituary, May 3, 1972


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pull (something) out of (one's) ass(redirected from pull out of their ass)
vulgar slang To completely fabricate or invent something; to draw something from little or no real evidence, facts, information, etc. You just pulled those statistics out of your ass! Whenever the teacher calls on him, Jake just pulls an answer out of his ass.


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Prosecutors will again try to convince a jury to sentence Jodi Arias to death in a second penalty phase that will begin in September.
During a hearing Monday, which Arias did not attend, a judge set the new trial date with jury selection to begin Sept. 8.
The 33-year-old former waitress was convicted of first-degree murder in May for the 2008 killing of her one-time boyfriend in Arizona, but jurors couldn't reach a decision on a sentence.
Under Arizona law, while her murder conviction stands, prosecutors have the option of putting on a second penalty phase with a new jury in an effort to secure a death sentence.
If the second panel fails to reach a unanimous decision, the death penalty will be removed from consideration. The judge then would sentence Arias to spend her entire life behind bars or to be eligible for release after 25 years.
Her second penalty phase retrial had been scheduled to begin Monday but was postponed because of a prosecution scheduling conflict.
Arias admitted that she killed her one-time boyfriend, Travis Alexander, in 2008 at his suburban Phoenix home but claimed it was self-defense. He suffered nearly 30 knife wounds, had his throat slit and was shot in the forehead. Prosecutors argued it was premeditated murder carried out in a jealous rage when Alexander wanted to end their affair.
Also Monday, defense attorney Kirk Nurmi told the judge he had filed a motion seeking to have the death penalty removed as an option for sentencing. The document wasn't yet publicly available, and Nurmi didn't return a telephone message seeking comment.
Judge Sherry Stephens has already denied similar previous motions by the defense.
Last month, Stephens denied a separate defense motion that argued Arizona law allowing a retrial of the penalty phase is unconstitutional.


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Mr. Howell: Young man are you accusing a Howell of cheating? I'll have you know I'm far too wealthy.
Spy Gilligan: To cheat?
Mr. Howell: No, to be accused!
Gilligan's Island Gilligan vs Gilligan 1966
Talking Points memo is breathlessly reporting the following statement from Ann Coulter
The quote that caused them to embed this video and was this:
"On the gun crimes, we keep hearing how low they are in Europe, and oh, they're so low, and they have no guns," Coulter told Fox's Sean Hannity. "If you compare white populations, we have the same murder rate as Belgium."
Ed Kilgore at Washington Monthly titles his post "Solution is obvious" snarking:
If I didn't really like the Belgians, I'd suggest that she get herself over there permanently right away. It might be a socialist hell in her eyes, but it would be one where she'd not only be secure, but would not be allowed within 100 yards of a camera.
In the comments at the two sites I see many adjectives describing what Ann said: "Hateful", "Racist", "Horrible", but there are only two adjectives that actually matter concerning her statements:
True or False
Oddly neither TPM nor Washington Monthly bothered to dispute her statement. Perhaps it is presumptions of me to believe so, but if professional journalists from nationally known sites are going to snark over someones remarks one might think they would weigh in concerning: their veracity. Given their scorn for Coulter their failure to do so speaks volumes.
Nevertheless I'm still outraged over Ann's Comments, not because of what she said but because of the reality they represent. Just this week a 13-year-old black teen on his way to choir practice in Boston was shot. Nobody demand a march, nobody called for the confiscation of guns over it and no national news network outside of Fox decided the story was newsworthy beyond the city. I didn't see any story in Memeorandum for TPM or Washington Monthly to comment on concerning it.
Rather than be upset about Coulter I can't forget this from afrodaddy:
In relation to homicide the number one killer of black men is other black men. It is a national tragedy that black-on-black crime ranks as the 4th leading cause of death for black men. In the age group of 15 – 34 black-on-black crime is the #1 killer of black men.
because this truth outrages me and it should outrage you too!
I submit and suggest until our friends at TPM & Washington Monthly find a way to blame the GOP for the stats in this chart from the CDC.
they will continue to be less outraged by Black and Hispanic mothers in tears over their dead children then Ann Coulter suggesting it is a problem.
After all why worry about a bunch of dead people's whose parents will vote for you if you try to save them or no?


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Faculty members Dr. Paul Glassman and Christine Miller established the Community-Based System for Oral Health for People with Special Needs in an effort to coordinate local resources and needs. The Pacific Center for Special Care acts as a facilitator and resource provider for individuals in the community who are responsible for developing each local system.
There are 12 regional nonprofit centers in California using the Community-Based System that provide resources to help find and access the many services available to individuals with developmental disabilities and their families. They include:
Community-Based Systems in most of the communities above include:


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Originating in science fiction and dreamt up by authors like Tim Powers, James Blaylock and K.W. Jeter, the steampunk genre has grown and developed into a style we can't get enough of. Find all our steam powered Victoriana and American Wild West thigh strapping chic here in our Steampunk Clothing collection.


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Spryfield Community Association Monthly Meeting
May 27, 2020 @ 7:00 pm - 8:30 pm
Event Navigation
We've got some pretty good stuff on the go this year. Battery-powered traveling outdoor movie theater, a pretty robust sidewalk-building project, placemaking schemes, local developer drama, parties for dogs, crazy parade floats, fancy-pants city grants, chatting with our local elected reps, city hall wonkery, that kind of stuff. Probably going to pick up some garbage too.
All are welcome. Our general credo is if Spryfield is your Main Street, you would probably get a kick out of our meetings.
7:00pm, Captain Spry Community Center, 15 Sussex Street. Meetings usually last until 8:30 or 9:00 because we have so much fun.
Contact us at Spryfield Community Association Website or firstname.lastname@example.com. We meet on the last Wednesday of every month but we have a few ad-hoc committees that gather at different times if you can't make the main meet-up.


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Sep 11, 2011
And then there were five. The next exciting chapter to continue the success story of the MINI has begun to launch a brand new MINI Convertible, the fifth, a single model in the family.
In addition to sales of the MINI Hatch, Convertible, Clubman and the Countryman, the British built MINI Cabrio is the first of a two-seater sports brand in Britain, a long and proud history. It is a modern and authentic performance of a further development of the concept of vintage cars, that heady mix of the Mini to go anywhere attitude, and practicality of a new type of clientele.


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Great snow tires that I ever had drove it upstate NY back country road in bad weather had no problem drive through 4-6 inches of snow
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Film Review: Carbon Nation
Directed by Peter Byck, 2010, 82 minutes.
The last time Americans united behind a single cause was during the 1940s, when we overhauled our national industry to fight WWII, according to Peter Byck, director of the documentary Carbon Nation. He believes a national mobilization of that scale could halt our excessive carbon production and combat the escalation of climate change.
Carbon Nation zigzags across the United States, seeking out those who are developing low-carbon energy projects now—finding common ground among rural entrepreneurs, nonprofits, urban community organizers, and even planners in the Pentagon.
"This is no longer the purview of Birkenstock-loving tree-huggers," says Col. Daniel A. Nolan III of the Department of Defense "Green Hawks" who promote energy alternatives in the interest of national security and to save soldiers' lives.
One of Carbon Nation's virtues is its celebration of Americans who are far from that tree-hugger stereotype and working for carbon solutions. Cliff Etheridge is a farmer from Roscoe, Texas, who once struggled to make a living on arid, windy land. "We sat here and prayed for rain and cussed the wind. Now, what we've been cussing all these years turned out to be a blessing," he says. Wind-farming installations are providing Roscoe's farmers with steady income, while allowing them to continue farming around the turbines. The enterprise will eventually provide clean energy to more than 250,000 homes.
Some reviews have criticized Byck as naive about the overwhelming political, cultural, and legislative obstacles to adopting carbon-neutral alternatives on a national scale. Perhaps Byck set himself up for criticism with his overuse of the campy stylistic devices of an infomercial-style voice-over and retro graphics. Yet the dire warnings of other climate change films have done little to inspire unified national action. Byck's film, with its documentation of Americans across the political and cultural spectrum, transcends partisanship and makes progress toward a rational, national conversation.
While carbon-conscious innovators are successfully expanding their activities, the well hasn't yet run dry for carbon producers, and there are no direct financial disincentives to producing carbon. Given these "perverse incentives," the film's message is especially important: We can start creating the market for carbon alternatives ourselves, now, and peacefully make the changes needed for our future well-being.
For advice about life after graduation, students at Worcester Polytechnic wanted to hear from peak oil scholar Richard Heinberg instead of Exxon's CEO. Here's what he told them.
Video: Richard Heinberg explains why the debt crisis is really a growth crisis... and why that might not be such a bad thing.


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House 101 for Hill freshmen
Eighty-four new freshman House members and 14 new senators are about to take the Hill by storm.
But first, they'll need to learn a few basics. Like where the best meal deal is in the Capitol, where the restrooms are and how long it takes to get from their office to the floor during a vote.
Story Continued Below
To help them out, POLITICO spoke with experts and lawmakers about the crucial do's and don'ts for any congressional newbie.
( See also: POLITICO's guide to the 113th Congress)
Sen. Orrin Hatch (R-Utah) is marking his 36th year in the Senate and admits he knew very little when he entered the halls of Congress.
"I didn't even know where the Senate floor was when I got here," Hatch said. "I had to quickly find out where the men's rooms were and all that kind of stuff."
Hatch advises new members to seek out a handful of veterans whom they trust and watch how they manage business on the floor and in committee.
"Be observant; sit back and watch; and listen more than anything else," Hatch advised. "Learn from your colleagues; there are a lot of really brilliant people here on both sides — more on one side than the other, of course."
Oh and the famously strait-laced Mormon advises new members that they don't have to attend every late-night function.
"When I got here, I thought you had to go to every invitation, and I was going to two or three things a night," Hatch said. "It finally dawned me, 'Ah, I don't have to do all this.'"
Rep. Charles Rangel (D-N.Y), who has served in Congress since 1971, said if a freshman lawmaker wants to make a splash on the Hill, it's all about finding a niche issue to own.
"Try to find out what interest they have in any local, national or international subject, and see if there's a spokesperson in Washington for that," he said. "They could be a big fish in a small pond by finding an issue people are concerned about but no one is talking about."
Sen. Chuck Schumer (D-N.Y.) echoed Rangel's comments, noting it is important for members to find something "to really specialize in." But he also had a key tip for busy lawmakers on the go: where to eat.
"The best place to eat is the Dirksen buffet. It is fabulous, and most members don't know about it," he said. "I recommend it, and it's modestly priced, and it's all you can eat. That's a very important tip."
They may be there to fix America's financial woes, but lawmakers also have to learn how to balance their own books first. There's the daunting task of hiring staff, opening district offices and balancing the budget of a congressional office.


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In astronomical news two teams, one from NASA's Goddard Space Flight Center and one from MIT, independently discovered a neutron star devouring a nearby planet sized mass. The source of the event, called SWIFT J1756.9-2508 since it was discovered by NASA's SWIFT satellite and the Rossi X-ray Timing Explorer, is in the constellation Sagittarius. By analyzing data from the discovery, astronomers found that the neutron star—also known as a pulsar—was pulsing at a rate of almost 200 Hz. This high pulse rate is supported by the other half of SWIFT J1756.9-2508, a long dead white dwarf star with a mass of around 7 Jupiters. The high pulse rate of the neutron star is enabled because of the material it is stealing from its cosmic neighbor. An artists rendering of the event is shown to the right*.
Scientists hypothesize that the system formed a few billion years ago as two stars—one very massive, and one between one and three solar masses. The more massive star lived fast and died young in a supernova explosion, leaving behind the neutron star. The smaller star began to end its life as a red giant—similar to how the sun will end—as, it expanded the neighboring neutron star's gravitational pull got a hold of it and started to siphon material off. When the stolen stellar matter builds to a critical level about the neutron star, it explodes in a flash of Xrays. This stellar duo is normally not visible at any wavelength because it is too dim and the star is too small and too far from Earth, but during an explosion it becomes detectable. According to Craig Markwardt of NASA, "We don't know how long it will slumber before it wakes up again." It seems SWIFT is accomplishing its mission, and will hopefully continue to illuminate us with new astronomical results. These results have been accepted for publication in an upcoming edition of the Astrophysical Journal Letters.
Astrophysical Journal Letters, accepted for publication 2007
*Artist rendering, Credit: Aurore Simonnet/Sonoma State University


text: URMC / Obstetrics & Gynecology / Strong Beginnings Strong Beginnings Maternity Services Having a baby. It's time for planning and dreaming... a time of wonder... a special relationship between you and your baby. We at Strong Memorial Hospital Strong Beginnings Program feel privileged to share the joy of the birth experience as we help you and your baby to a safe and health start. We look forward to welcoming you to URMC for any prenatal testing your doctor may recommend; for prenatal slide tours and classes to prepare you and other family members for the approaching birth; and, when it's time...for your baby's arrival. We're glad you've chosen to give your family a Strong Beginning.


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Loyola at a Glance
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Sex trafficking survivor shares powerful story at Loyola
September 20, 2013
The Loyola University New Orleans Modern Slavery Research Project, led by assistant professor Laura Murphy, Ph.D., will host sex trafficking survivor Minh Dang for an inspiring, free talk Oct. 7 at 6:30 p.m. about how the power of language can achieve change and end injustice. The event is open to the public.
"It is critical that all of us who are working to eradicate modern slavery and human trafficking listen carefully not only to the life stories of survivors but to their recommendations for how we can address the issue. They are our experts on the legislation we need to protect victims, and on the social services we can provide to make escape possible," Murphy said. "Minh Dang is a survivor and researcher who has dedicated her life to studying and responding to trafficking. Her commitment to the cause humbles and inspires me."
Leader of a new network of trafficking survivors called the National Survivor Network and former executive director of Jada Pinkett Smith's Don't Sell Bodies anti-trafficking organization, Dang will speak in the St. Charles Room in Loyola's Danna Student Center located on the university's main campus. The "Language that Liberates: Speaking Our Way to Freedom" event is part of Loyola's Biever Guest Lecture Series, which offers free talks by individuals distinguished in a variety of culturally diverse topics.
California-native Dang, now 28, was sold for sex by her own parents starting at age 10. "I was taught that this was my burden, my crime," Dang told Katie Couric on ABC's syndicated "Katie" show in January. "I think my escape was from the beginning; it was a long process … the really crucial step was going to college."
Dang will also visit Murphy's first-year seminar course.
For the latest updates about Loyola University New Orleans, follow us on Twitter @LoyolaNOLANews or become a fan on Facebook at www.facebook.com/loyno.
Loyola at a Glance is written and distributed for the faculty, staff, students and friends of Loyola University New Orleans. It is published by the Office of Public Affairs, Greenville Hall, Box 909, 7214 St. Charles Avenue, New Orleans, LA 70118. (504) 861-5888.
Information to be included in Loyola at a Glance must be received 2-3 weeks in advance of the publication date. Send us your news here.


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Use Back Button to return to Index of Cases
WCC No. 9912-8393
WCC No. 2000-0082
LAUBACH & LAUBACH LLC, d/b/a YANKEE JIM TRADING POST,
Summary of Case: Claimant suffered two back injuries while working as a store clerk for Yankee Jim's, which was uninsured. She established by a preponderance of evidence, but not by clear and convincing evidence, that she notified her employer of the first injury and provided it with a written statement, and that she was assured it would be submitted to workers' compensation. Her formal written claim was submitted more than one year after the accident and denied by UEF as untimely. A timely claim was submitted for the second injury and accepted by UEF, which initially paid TTD benefits. Her treating physician found her at MMI in October 1999. UEF cut off TTD benefits and paid out a 5% impairment award. In this proceeding claimant requests a waiver of the limitations period with respect to the first injury and requests reinstatement of TTD benefits with respect to the second, arguing that she has not in fact reached MMI.
Held: (1) The waiver is denied since estoppel must be proved by clear and convincing evidence and her proof did not reach that level. (2) As to MMI, she has not materially improved since her treating physician rendered his MMI opinion and that opinion is persuasive.
WCC Rules: 24.5.317(2). Attorney fees denied claimant's attorney for preparation of affidavits authenticating medical records where claimant supplied the records and failed to verify her responses to discovery despite being requested to do so. UEF was not unreasonable in seeking some type of verification that the records were authentic.¶1 Pending before the Court are two separately captioned matters. The first matter - WCC No. 9912-8393 - involves a request by petitioner, Ann Marie Hoff (claimant), for a waiver of the one-year limitations period for filing a claim. The claim in question was submitted on August 24, 1999, for an alleged back injury occurring on June 8, 1998. The second matter - WCC No. 2000-0082 - is a request for reinstatement of temporary total disability (TTD) benefits for an August 5, 1999 back injury. The two matters have been consolidated for trial and decision.
¶2 A trial was held on September 11, 2000, in Great Falls, Montana. Petitioner, Ann Marie Hoff (claimant), was present and represented by Mr. Lucas J. Foust and Mr. Chris J. Ragar. Respondent, Uninsured Employers' Fund (UEF), was represented by Mr. Daniel B. McGregor. Respondent/Employer, Laubach & Laubach LLC (Yankee Jim's), was represented by Ms. Kimberly D. Evans.
¶3 Exhibits: 1 through 33 and 43 through 51 were admitted without objection. Exhibits 36 through 42 were admitted over the objection of UEF. There were no Exhibits 34 or 35.
¶4 Witnesses and Depositions: The claimant, her husband (Greg Hoff), Sherry Soennichsen, Art Bent, and Bernadette Rice all testified. In addition, the depositions of Ann Marie Hoff, Dr. James C. Simmons, and Dr. John A. Vallin were submitted for the Court's consideration.
¶5 Issues Presented: The final pretrial order sets forth the issues as follows:
¶6 Having considered the final pretrial order, the testimony presented at trial, the demeanor and credibility of the witnesses, the depositions and exhibits, and the arguments of the parties, the Court makes the following:
¶7 Claimant went to work for Yankee Jim's in 1995 as a clerk. Yankee Jim's is a retail store in Gardiner, Montana, which is owned and operated by Laubach &Laubach LLC. Claimant's job duties while working for the store included waiting on customers, putting merchandise away and cleaning. She worked eight hours a day, initially five days a week and then four days a week.
¶8 In 1998 claimant took on concurrent employment at the Hillcrest Motel in Gardiner, Montana. At that time, the motel owner, Art Bent, hired claimant and her husband to operate the motel during part of the week. The Hoffs were responsible for the motel for two full days during the week and also for evenings on three other days. The motel owners were responsible for managing and operating the motel during the remainder of the week. The Hoffs moved into a unit of the motel which also houses the motel office. Until her back injuries, the claimant, rather than her husband, performed most of the motel work, including cleaning rooms, laundering sheets and towels, answering the telephone, and checking guests in and out.
June 8, 1998 Back Injury
¶9 On June 8, 1998, while at Yankee Jim's, claimant twisted her body stepping off a counter where she had been standing to hang pictures. She immediately felt pain in her back. She went home, took Advil, and had a hot bath.
¶10 At trial, claimant testified that on the day after the accident she told Wade Laubach (Laubach), one of the owners of Yankee Jim's, about the accident and told him it should be reported to Workers' Compensation. According to claimant, he responded by telling her to write out a statement regarding the accident, have Shelly Thomas, a co-employee who witnessed the accident, sign the statement, and put the statement on his desk; thus, he would report it. Claimant testified that she provided him with the written statement he requested.
¶11 Laubach provided the UEF with a statement disclaiming any knowledge of the injury until August 16, 1999. He did not testify at trial. His written statement is not subject to cross-examination and I disregard it in determining whether claimant's testimony is true.
¶12 Claimant's testimony is sufficient to satisfy me by a preponderance of evidence that she provided a written statement to Laubauch, however, it is not clear and convincing. Without regard to Laubach's written statement, I find it less than clear and convincing for two reasons; both affect my assessment of claimant's credibility on this point.
I went to work the next day and that is when I told Wade that he needed to report this. He asked me to write a statement and have Shelly sign it and give him a copy of it. I did.
Wade never told me to go get checked or that I could not work till [sic] I did. I just went back to work as usuall [sic].
¶13 Claimant's ultimate
claim for compensation respecting the June 8th injury was prepared
and submitted August 24, 1999, more than one year after the accident.
¶15 On October 13, 1999, claimant requested an extension of the time for filing her claim for the June 8, 1998 injury. (Ex. 8.) She submitted her request to the Department pursuant to sections 39-71-601 and 601(2), MCA (1997).
¶16 The Workers' Compensation Claims Assistance Bureau (Bureau) of the Department, which is responsible for processing waiver requests, received claimant's request on October 19, 1999. On that same day it granted a waiver extending the time for filing her claim. order waiving claim filing time. (Exs. 8 and 9.) The waiver was granted without prior notice to either the employer or the UEF.
¶17 On November 16, 1999, after learning of the waiver, the UEF requested a hearing before the Department's Hearings Unit. (Ex. 11.) Two days later, on November 18, 1999, the employer also notified the Hearings Unit that it contested the order waiving claim filing time. (Ex. 12.)
¶18 Meanwhile, the 1999 Montana Legislature changed the jurisdictional provisions to provide that the Workers' Compensation Court, rather than the Department, shall hold the hearing in contested waiver cases. 1999 Mont. Laws, ch. 442 § 16. The change was made with the proviso that either party could request a pending matter to remain in and be heard by the Department, Id., § 31. However, in this case, neither party made such a request and the matter was transferred to this Court for hearing. [DEPARTMENT] ORDER REGARDING JURISDICTION (December 28, 1999.)
¶19 The only evidence that claimant presented to justify a waiver of the one-year limitations period was the evidence concerning her communication with Laubach and submission of a written statement to him. She did not present any evidence that she was unaware of her condition or suffered any disability from the injury.
August 5, 1999 Injury
¶20 Claimant continued to suffer back pain after the June 8th incident. She testified that she experienced pain on a daily basis. (Hoff Dep. at 22-23.) The history she gave to Dr. Vallin more than a year later is somewhat inconsistent with her testimony, indicating that her pain was not as constant or as severe as she indicated at trial. According to the history taken by Dr. Vallin,
She states she treated herself with hot baths and frequent doses of Advil [following the June 8th injury] . . . [and] her symptoms resolved for the most part, two weeks later, though over the last year she has experienced occasional flare ups of low back pain, unassociated with specific trauma."(Ex. 27 at 1.) In any event, she never sought medical care for the June 8th strain and, by her own admission, also lost no time from work following that injury. (Hoff Dep. at 26.)
¶21 On Thursday, August 5, 1999, the claimant suffered a second work-related back injury. On that date, while moving a counter at the store, claimant felt a pop in her low back. By the following Monday she felt unable to work and was experiencing low-back and leg pain. She called Laubach and reported her injury and told him she was unable to work.
¶22 Thereafter, on August 24, 1999, claimant filed a claim for compensation. Yankee Jim's was still uninsured at the time of the second injury and the claim was forwarded to the UEF, which accepted liability and began paying medical and TTD benefits. (Ex. 18.) In accepting liability, the UEF characterized the second injury as a "temporary aggravation of your pre-existing condition" and indicated that its acceptance was "under a full reservation of rights." (Id.) The reservation was to allow the employer to contest compensability of the claim. (Id.)
¶23 Following this injury, claimant's pain compelled her to seek medical care. On August 9, 1999, she went to the Emergency Room of the Bozeman Deaconess Hospital. (Ex. 26.) She was seen by Dr. Steven A. Gipe, who recorded that she had acute low-back pain with radicular symptoms. (Id. at 1.) A three view plain x-ray lumbar series showed some mild degenerative changes at the L3-4 disk space, perhaps an old injury, otherwise unremarkable. (Id.) Dr. Gipe offered her three treatment options:
1) Admission to the hospital for pain control and orthopedic consultation; 2) wait at no additional charge in the Emergency Department for an orthopedic consultation, both Dr. Speth and Dr. Gannon being in the operating room at this time. This was estimated to be up to a 1-2 hour wait, and 3) trial of bed rest at home with pain medication and muscle relaxants, and follow-up in the orthopedic office later this week.(Id.) Claimant elected the third option and returned home with prescription pain medication.
¶24 Following her ER visit, claimant continued to experience back pain and disability. She next saw Dr. John A. Vallin, a physiatrist specializing in non-operative spine care and pain management. (Vallin Dep. at 5.) Her first visit to Dr. Vallin was on August 17, 1999. At that time, claimant reported "constant aching pain in her low back" and "intermittent shooting pain radiating into her thighs and calves, to the ankles bilaterally." (Ex. 27 at 1.) Dr. Vallin's impressions at that time were:
1. Lumbar strain secondary to industrial injury, August 5, 1999.(Id. at 2.) Dr. Vallin prescribed physical therapy, an analgesic and a muscle relaxant; he anticipated that claimant would reach MMI in 6-8 weeks, or sooner depending on her response to physical therapy and medications. (Id.) He also noted that if claimant continued to have lower extremity symptoms he would recommend an MRI to rule out a herniated disk. (Id.)
¶25 Claimant returned to Dr. Vallin on August 31, 1999. He noted her complaints as continuing, constant low-back pain, and "severe sharp stabbing pain in her low back, radiating across the right and left sides, unassociated with radicular symptoms." (Ex. 28.) He noted claimant had only attended three physical therapy sessions since her last appointment with him. (Id.) Dr. Vallin felt that claimant's symptoms were "discongenic" (originating in the disk) in origin, without any "focal herniation," but prescribed an MRI to rule out the latter. (Id.; Vallin Dep. at 17.)
¶26 An MRI was done on September 8, 1999. It showed mild degenerative disk changes from L3 to S1 with no focal disk herniation, compromise of exiting nerve sleeves, and no spinal stenosis. (Ex. 29.) Dr. Vallin felt claimant's continuing low-back pain was secondary to her degenerative disk disease, particularly at L5-S1, and recommended an epidural steroid injection. (Ex. 29 at 3; Ex. 30 at 1.)
¶27 Claimant received her first epidural injection on September 28, 1999. (Ex. 30 at 1.) On October 8, 1999, claimant reported that she did not experience any significant relief from the injection and had a constant headache following the injection. (Ex. 31.) She reported continuing "diffuse low back pain radiating across her entire low back and into her upper buttocks, aggravated with prolonged sitting and stationary standing . . . . " (Id. at 1.) Dr. Vallin concluded claimant had chronic low-back pain and mild degenerative disk disease at L5/S1 and that she had reached maximum medical improvement (MMI) with respect to her injury. (Id.) He assigned her a 5% whole person impairment and released her to light physical demand labor, restricting her to lifting up to twenty pounds occasionally and ten pounds frequently. (Id.) Claimant was informed by Dr. Vallin that she was capable of returning to work. (Id.)
¶28 Based on Dr. Vallin's finding of MMI, on November 16, 1999, the UEF notified claimant that it would pay her an impairment award based on her 5% impairment rating. (Ex. 23.) It advised her that the award would be payable for the period October 8, 1999 through February 7, 2000. While the letter did not mention TTD benefits,(1) the UEF converted her benefits from TTD benefits to permanent partial benefits effective October 8, 1999.
¶29 Claimant disputes Dr. Vallin's finding of MMI and seeks reinstatement of TTD benefits retroactive to October 8, 1999. In addition to Dr. Vallin, she has been examined by Drs. Joan C. Murray, James C. Simmons, and Steven R. Speth. She relies on their treatment and opinions in asserting that she has not reached MMI.
¶30 Dissatisfied with Dr. Vallin's treatment, on October 27, 1999, claimant sought a second opinion from Dr. Joan C. Murray, who is a physiatrist and neurologist. (Ex. 36.) Claimant reported her symptoms as "constant low back pain" radiating "from the left lumbar region down the hip and into the thigh, occasionally down to the lateral calf . . . less frequent radiation down her right leg." (Id.) Dr. Murray diagnosed lumbar strain and mild degenerative spine disease and commented that claimant's low-back pain was musculoskeletal in origin. (Id.) She prescribed a TENS unit and training by the physical therapist as to its use. (Id.)
¶31 Claimant next saw Dr. Murray on November 18, 1999. She reported that the TENS unit was helpful. (Ex. 37.) She also reported reinjuring her back when "she lifted her knees." (Id.) Dr. Murray recommended that claimant restart more active physical therapy since the Celebrex and the TENS unit were providing her with symptomatic relief. (Id.)
¶32 On November 18, 1999, Dr. Murray wrote Bernadette Rice, the claims adjuster for the UEF:
I am seeing Anne [sic] Hoff for continued back pain. She is continuing to have symptoms and I am notconvinced that she has yet obtained maximum medical improvement from her August 5, 1999, work related injury. [Emphasis added.](Ex. 38.)
¶33 On January 4, 2000, claimant reported to Dr. Murray that she was continuing to experience "low back pain and left leg pain" but that the TENS unit helped. (Ex. 39.) On the other hand, claimant reported that she had "an exacerbation of her pain after the massage that she was receiving from her physical therapist." (Id.) She also reported "still taking hot baths because they relieve the pain," "intermittent back spasms," and difficulty walking at times because of "left leg pain radiating to the heel." Dr. Murray prescribed further physical therapy with a different therapist and commented that if claimant's pain continued she "will reconsider whether she wishes to try another lumbar epidural injection." (Id.)
¶34 Claimant next returned to see Dr. Murray on February 3, 2000. Dr. Murray's office note of that date indicates that claimant had been to the ER two and one-half weeks earlier and was supposed to call Dr. Murray the following morning to make an appointment. (Ex. 40.) The ER visit indicates a severe episode of pain. Dr. Murray's office note on February 3, 2000, states that claimant was still using the TENS unit "off and on through the day." (Id.) In the IMPRESSION section of her office note, Dr. Murray commented:
I do not feel that she has a surgical problem but more of a chronic pain problem related to musculoskeletal/ligamentous injury. I will refer her to Dr. Duane Mohr for consultation to see whether he thinks any additional injections might be of benefit.(Id.)
¶35 Dr. James C. Simmons, rather than Dr. Mohr, thereafter saw claimant with respect to epidural injections. On February 16, 2000, he reported that claimant had slipped and fallen coming out of the shower and that her back had been worse since her fall. (Ex. 32.) He proceeded with an epidural steroid injection at L3/4. (Id.) Claimant immediately reported considerable relief from her pain. (Id.) Dr. Simmons told claimant that if there was inflammation and swelling, the epidural injection should result in considerable improvement, but otherwise it might not help. (Id.)
¶36 Twelve days later, on February 28, 2000, claimant returned to Dr. Simmons for a second epidural injection.(2) (Ex. 33.) At that time, claimant reported that the previous injection gave her 70% to 80% pain relief. (Ex. 33.) Dr. Simmons proceeded with the second epidural steroid injection at L4/5 and claimant left his office "pain free." (Id., Ex. 41.) At that time, claimant indicated she "would prefer not to undergo further injections." (Id.)
¶37 On March 27, 2000, claimant telephoned Dr. Simmons and told him that her pain had returned. (Simmons Dep. at 21.) In her deposition claimant testified that following the February 28th injection her pain was "not as excruciating as it was before." (Hoff Dep. at 55.)
¶38 On May 4, 2000, claimant went to Dr. Steven Speth. Claimant reported her symptoms at that time, as follows:
"60% LBP [low back pain] and 40% left greater than right leg pain described as a throbbing and a sticking type of pain that is intermittently associated with tingling and numbness located primarily at the lateral buttock and thigh and in the left leg extending into the lateral calf and sometimes into the holo [sic] foot."(Ex. 41 at 1.) Dr. Speth noted that claimant got some relief from home exercise but that "[a]ny massage seems to worsen her symptoms" and on "several occasions" she had sought "assistance such as helping her off the floor when she couldn't get up due to severe pain." Concerning changes in claimant's symptoms, Dr. Speth noted:
She also has had a slight change in her symptoms since she has seen Drs. Vallin, Murray and then Simmons which includes pain that seems to extend up to the level of the neck and often feels pain radiating from the midline of her posterior neck extending down to her low back through the legs and into her feet and toes.(Id.) In comparing this note with the notes of other physicians, the changes noted by Dr. Speth represented an increase in the extent of claimant's symptoms.
¶39 Dr. Speth diagnosed mechanical low-back pain, trochanteric bursitis,(3) and possible bilateral L5 radiculopathy. (Ex. 41.) Dr. Speth recommended claimant have a bone scan of the lumbar spine, pelvis and proximal femurs, a trochanteric bursa injection either bilaterally or on the left side, and blood tests. (Id. at 2.) If claimant did not have improvement with the bursa injection, Dr. Speth recommended a bilateral L5 selective nerve root block. (Id.) But, ultimately, Dr. Speth deferred to Dr. John A. Vallin:
I do not feel the patient is a surgical candidate. I would recommend that she F/U [follow up] with Dr. Vallin as a treating physician. I would defer decision making to him regarding appropriateness of minimally invasive techniques. [Emphasis added.](Id.)
¶40 Claimant returned to Dr. Speth on June 1, 2000. The doctor noted that claimant's bone scan and blood analyses were all normal. (Ex. 42.) In addition, the bursa injection on the left side significantly improved her lateral hip symptoms. (Id.) Dr. Speth recommended claimant continue her home exercise program adding in specific exercises for her trochanteric bursa which were evidently absent from her initial program. (Id.) He also noted that claimant might benefit from additional trochanteric bursa injections, but reiterated that she is not a surgical candidate. (Id.) He also reiterated that claimant should return to Dr. Vallin for any follow-up treatment.
¶41 Medical depositions were taken of Drs. Vallin and Simmons. Neither Dr. Murray nor Dr. Speth testified.
¶42 At his deposition on August 1, 2000, Dr. Vallin reaffirmed his October 8, 1999 finding of MMI. He based that determination on several factors:
1. He could not objectify any of her subjective complaints;(Vallin Dep. at 17-18, 24-25.) Dr. Vallin observed that the fact that claimant was still having low-back pain in June 2000 similar to the pain she had on October 8, 1999, verified his MMI conclusion and that there was nothing more to be done for claimant. (Id. at 24, 35, 39.) Dr. Vallin further noted that the TENS unit prescribed for claimant was merely palliating(4) her symptoms. (Id. at 35.)
¶43 In his deposition, Dr. Simmons did not testify positively that claimant had not reached MMI, only that he agreed with Dr. Murray, who was "not convinced that she [claimant] has yet obtained maximum medical improvement from her August 8th, 1999 work related injury." (Simmons Dep. at 20.)
¶44 At trial, the claimant testified that recently, "in the last few days," she has been having more good days than before, however, she also testified that she has a constant backache, some days so bad she cannot walk.
¶45 After considering all of the medical records, the testimony of claimant, and Drs. Simmons and Vallin, I find that despite treatment after October 8, 1999, her condition has not materially improved. I find Dr. Vallin's opinion as to MMI on October 8, 1999, persuasive. While claimant had three epidural injections she experienced only temporary relief after the second and third injections. She also has a TENS unit which she has used, but it has not improved her underlying condition. Physical therapy has been unsuccessful. Her testimony that within the few days before trial she had been having more good days before does not persuade me that her condition has materially improved since October 8, 1999, or that it will materially improve in the future. Her overall level of function and pain, while temporarily remediated by such treatment as the TENS unit, remains essentially the same as on October 8th.
¶46 The claimant's June 8, 1998 injury is governed by the 1997 version of the Workers' Compensation Act; her August 5, 1999 injury by the 1999 version of the Act. Buckman v. Montana Deaconess Hospital, 224 Mont. 318, 321, 730 P.2d 380, 382 (1986).
¶47 The claimant has the burden of proving by a preponderance of the evidence that she is entitled to compensation. Ricks v. Teslow Consolidated, 162 Mont. 469, 512 P.2d 1304 (1973); Dumont v. Wicken Bros. Construction Co., 183 Mont. 190, 598 P.2d 1099 (1979).
The 1998 Injury
¶48 Section 39-71-601, MCA, (1997) governs the presentment of a claim for compensation, requiring that a claim to be made in writing within one year of the date of the injury. The time for presenting a claim can be waived under certain circumstances. Subsection (2) provides:
(2) The department may waive the time limit requirement up to an additional 24 months upon a reasonable showing by the claimant of:¶49 Claimant's first report of injury or occupational disease relating to the June 8, 1998 injury was not received by the Department until August 31, 1999, well past the one- year statutory limitation. Thereafter, UEF denied liability on this claim on the grounds that there were no objective medical findings to substantiate the injury and the claim was barred by section 39-71-601, MCA, for failure to timely file a claim for benefits.
¶50 The only matter before the Court with respect to the 1998 injury is the claimant's application to extend the time for filing her claim so that her August 1999 claim will be deemed timely. Whether claimant can satisfy the "objective medical findings" requirement of section 39-71-119(1)(a), MCA (1997), is not at issue and I make no determination in that regard.
¶51 With respect to the request for a waiver, the 1999 amendment to section 39-71-601, MCA, gives this Court original jurisdiction to make a de novo determination concerning claimant's request for the extension of time. Prior to the 1999 amendments to section 39-71-601, MCA, the Department had original jurisdiction over waiver requests. See paragraph 48, supra. However, section 39-71-601(2), MCA, was amended in 1999 and a new subsection (3) was added. The two subsections now provide:
(2) The insurer may waive the time requirement up to an additional 24 months upon a reasonable showing by the claimant of:The amendments were expressly retroactive "unless a party elects, after notification by the department of labor and industry, to remain in the contested case process." 1999 Mont. Laws, ch. 442, §31(1). Neither party elected to proceed with a hearing at the Department level, thus the controversy was transferred to this Court for resolution.
¶52 Since the Court, not the Department, has the original jurisdiction to resolve the dispute, I give no deference to the initial determination made by the Department's Workers' Compensation Claims Assistance Bureau. However, I note here that fundamental due process requires notice and a hearing before any final determination in a contested matter. The Bureau did not give notice to either the UEF or the employer in this matter before issuing its waiver. While its determination was not final, it was nonetheless required, at minimum, to promptly notify both the employer and the UEF of its action so that they had notice of the action and could timely exercise their right to request a contested case hearing. Moreover, if the initial determination is to have even a modicum of legitimacy, all parties must have notice and an opportunity to provide the Bureau with information pertaining to the request. Lacking such notice and opportunity, the Bureau's determination is not entitled to any respect by the parties.
¶53 On the merits, the claimant has presented no evidence showing either a lack of knowledge of disability or a latent injury. There is no evidence of disability following the first injury and the fact and extent of the injury was immediately recognized by claimant.
¶54 Therefore, to succeed, claimant must prove facts giving rise to equitable estoppel. Where the limitations period for filing a workers' compensation claim is raised as a defense by an employer or insurer, the doctrine of equitable estoppel applies where an employer or insurer has taken some positive action which either prevents claimant from filing a timely claim or leads him reasonably to believe he need not file such a claim. Ricks v. Teslow Consolidated (1973), 162 Mont. 469, 512 P.2d 1304. Equitable estoppel is a flexible principle which should be applied when an employer or insurer misleads a claimant by foisting onto the claimant a misinterpretation of the Workers' Compensation Act. Levo v. General-Shea-Morrison (1955), 128 Mont. 570, 280 P.2d 1086.
Davis v. Jones, 203 Mont. 464, 466-67, 661 P.2d 859, 860 (1983). Six elements must be satisfied for equitable estoppel to apply:
1. There must be conduct amounting to a representation or a concealment of material facts;Kuzara v. State Compensation Ins. Fund, 279 Mont. 223, 231, 928 P.2d 136, 141 (1996).
¶55 Estoppel must be proved by clear and convincing evidence. Beery v. Grace Drilling, 260 Mont. 157, 163, 859 P.2d 429, 433 (1993). Claimant's case for estoppel consists of her and Soennichsen's testimony. I found Soennichsen's testimony incredible. I found claimant's testimony less than clear and convincing. Thus, I find that claimant has not proved by clear and convincing evidence that her employer told her he would take care of the claim or misled her. Element one is not satisfied. Therefore, her request for an extension of the filing period must be denied.
The 1999 Injury
¶56 TTD benefits are governed by section 39-71-701, MCA (1999), which provides in relevant part:
Compensation for temporary total disability- exception. (1) Subject to the limitation of in 39-71-736 and subsection (4) of this section, a worker is eligible for temporary total disability benefits:"Temporary total disability" is defined by section 39-71-116(34), MCA, (1999), of the Act as follows:
"Temporary total disability" means a physical condition resulting from an injury, as defined in this chapter, that results in total loss of wages and exists until the injured worker reaches maximum medical healing. [Emphasis added.]Thus, when a worker reaches maximum medical healing, she is no longer temporarily totally disabled and no longer entitled to TTD benefits.
¶57 I have found as fact that claimant reached maximum medical improvement(5) on October 8, 1999, therefore she is not entitled to further TTD benefits.
Request for Attorney Fees for Affidavits Prepared by Claimant's Counsel
¶58 Prior to trial, the UEF objected to medical records of Drs. Murray and Speth on foundational grounds. At trial claimant presented affidavits of office managers for both doctors attesting to the authenticity of the records and the UEF thereupon withdrew its objection. Claimant now asks for attorney fees pursuant to Rule 24.5.317(2), which provides:
(2) Any party who intends to object to the authenticity or genuineness of any medical record, or to its admissibility pursuant to Rule 803(6) Mont.R.Evid., shall make such objections in writing, identifying each medical record to which an objection is made and the particular objections to the record. The objections shall be served upon the adverse party within 5 business days after the deadline for the final exchange of medical records, or within such other time fixed by the scheduling or other order of the court. Failure to object to a medical record in the manner and within the time specified by this rule shall be deemed a waiver of any objection to the record on grounds of authenticity or hearsay and shall operate as an admission by the party that the record is authentic and admissible pursuant to Rule 803(6) Mont.R.Evid. Where a timely objection under this rule is served, the party offering a medical record to which the objection is made shall comply with provisions of the Mont.R.Evid. relating to foundation and hearsay. However, this rule shall have the same effect as a request for admission under Rule 36 Mont.R.Civ.P., and a party who thereafter successfully offers the medical record at trial may apply to the court for an order requiring the objecting party to pay reasonable expenses incurred in authenticating the record and/or establishing its admissibility under Rule 803(6), Mont.R.Evid., including reasonable attorney's fees. The court shall award such reasonable expenses unless it finds that there was a good and substantial reason for the objection. [Emphasis added.]¶59 In its defense, the UEF points out that neither Dr. Speth nor Dr. Murray were deposed. Their records were produced by the claimant in response to discovery requests but claimant failed to verify her discovery answers under oath despite repeated requests of the UEF. (See Hoff Dep. at 4; uninsured employers' fund's reply to petitioner's motion for costs and attorney fees.) Claimant's deposition reflects the UEF's request and her counsel's agreement to provide the verification, id., however, no notarized verification was ever forthcoming. That failure made UEF's counsel suspicious of the records. Under these circumstances, the Court is unable to say that the objection was frivolous or unreasonable. Claimant has not shown that the UEF had independent access to the records, other than Dr. Murray's letter to Bernadette Rice, or that the records were forwarded by the doctors to the UEF. UEF was entitled to some sort of verification of the authenticity of the records. The request for attorney fees is denied.
¶60 1. Claimant's request for a waiver of the one-year limitations period prescribed by section 39-71-601(1), MCA (1997), with respect to her June 8, 1998 injury is denied.
¶61 2. Claimant is not entitled to reinstatement of TTD benefits.
¶62 3. Claimant is not entitled to attorney fees pursuant to section 39-71-612, MCA, or under Rule 24.5.317(2).
¶63 4. Claimant is not entitled to costs.
¶64 5. The claimant's petition is dismissed with prejudice.
¶65 6. This JUDGMENT is certified as final for purposes of appeal pursuant to ARM 24.5.348.
¶66 7. Any party to this dispute may have 20 days in which to request a rehearing from these findings of fact, conclusions of law and judgment.
DATED in Helena, Montana, this 1st day of November, 2000.
/s/ Mike McCarter
c: Mr. Lucas J. Foust
1. The full text of the letter read:
(Ex. 23.)
2. Dr. Simmons' office note, Ex. 33, incorrectly reports the first epidural as having been given on February 26.
3. Trochanteric bursitis apparently refers to an inflamation of the bursa of the trochanter of the upper femur (upper leg bone). The trochanter is "a rough prominence or process at the upper part of the femur of many vertebrates serving usually for the attachment of muscles and being usually two on each femur in mammals including humans: a : a larger one situated on the outer part of the upper end of the shaft at its junction with the neck -- called also greater trochanter b : a smaller one situated at the lower back part of the junction of the shaft and neck -- called also lesser trochanter." 1997 Merriam-Webster Medical Dictionary (found at www.medscape.com). Bursitis is an inflammation of the bursa. Id. The bursa is "a small serous sac between a tendon and a bone." Id.
4. "'Pallative care' means treatment designed to reduce or ease symptoms without curing the underlying case of the symptoms." Definitions, §39-71-116 (21), MCA, 1999.
5. "Maximum medical healing" and "maximum medical improvement" are interchangeable terms.
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