text:
No. 96,035
1. The Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights generally prohibit the warrantless entry of a person's home.
2. Both the federal and state constitutions provide that the privacy interest in a person's home requires special deference and is entitled to unique sensitivity.
3. Searches conducted without a search warrant are per se unreasonable, subject to a few recognized exceptions. Kansas recognizes voluntary consent as an exception to the warrant requirement.
4. Consent to a search is voluntary if it is the product of a free and independent will.
5. The touchstone of United States Constitution Fourth Amendment jurisprudence is reasonableness.
6. In situations where only a minor crime is involved, and there is no indication of any emergencies or other considerations requiring immediate police entry, Fourth Amendment protections of homes should be strictly enforced.
7. Under the facts of this case, where there was only a minor crime involved, no indication of any need for immediate police entry, and the owner had two or three times denied permission for a warrantless entry, the consent obtained by the police through continued pressure was in violation of the Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights.
8. Evidence obtained in violation of a defendant's constitutional rights may be admitted if the State can prove an alternative legal basis for the admission of the evidence.
9. The inevitable discovery doctrine is discussed and applied.
Appeal from Butler District Court; DAVID A. RICKE, judge. Opinion filed April 6, 2007. Affirmed.
Chris O'Hara and Charles A. O'Hara, of O'Hara, O'Hara & Tousley, of Wichita, for the appellant.
James R. Watts, assistant county attorney, and Phill Kline, attorney general, for the appellee.
Before MARQUARDT, P.J., PIERRON, J., and KNUDSON, S.J.
PIERRON, J.: Monte J. Thompson appeals from his conviction of possession of marijuana and possession of drug paraphernalia after the district court admitted evidence he claims the police obtained based on his involuntary consent to search his home. Thompson also claims constitutional reversible error occurred when the State solicited testimony that was prohibited by a pretrial motion to suppress.
On August 28, 2004, Officer Danny Strobbe was attempting to serve a notice to appear to a person at a home in Augusta, Kansas. No one answered the door. However, Strobbe noticed Thompson stick his head out of his front door across the street. Strobbe walked across the street to ask Thompson if he knew where his neighbor was.
While crossing the street, Strobbe saw several people through Thompson's front door who were inside the living room passing around what Strobbe believed was a marijuana joint. While approaching the front door, Strobbe smelled marijuana, an odor he has had experience with as a detective. Strobbe called for backup.
Officer Chris Jones arrived and also smelled marijuana. Both officers went to the front door and Strobbe knocked. Thompson answered the door, started to step outside, and then tried to shut the wooden door behind him. Strobbe told Thompson to leave the door open, that he could smell burned marijuana, and Thompson needed to stay outside and answer his questions. Thompson confirmed that he and his friends had been smoking marijuana and that the marijuana was in the living room next to the couch. Strobbe asked Thompson for his consent to search the house. Thompson refused. Thompson said he did not understand why the officers needed to search his house since he had already told them where the marijuana was. He also told Strobbe that he did not want to go to jail.
While Strobbe was talking with Thompson, Jones entered the house and stood just inside the front door to watch the three people in the living room for "officer safety" reasons. Jones asked each person to identify themselves, and while in the house noticed the smell of burned marijuana. Casey Thompson, Thompson's daughter, told Jones that her license was in her room and asked permission to go get it. Jones went with her because the doorway toward the bedrooms was covered by a curtain. Jones saw a used marijuana pipe in Casey's bedroom. After identifying everyone, Jones stepped back out onto the porch to discuss the situation with Strobbe.
Strobbe told Jones that Thompson admitted having marijuana but refused to give them consent to search the house. Strobbe also told Jones that Thompson did not want to go to jail. Unsure of how to proceed, Jones contacted the on-call investigation officer. The investigation officer suggested that Jones explain Thompson's options to him and that if he was willing to be honest and cooperate, that the officers would not take him to jail that night.
Jones asked Thompson if he would be willing to talk with Jones in the patrol car. Thompson agreed and sat down in the front passenger seat. Jones asked Thompson why he did not want the police to search his house; Thompson responded that he did not want to go to jail. Jones promised Thompson that he would not arrest Thompson that night if he cooperated, but Jones did not make any promises about future prosecution. Jones also explained to Thompson that if Thompson refused consent, the officers would apply for a search warrant.
Jones asked Thompson for his consent to search the house when they first got into the patrol car and again after Thompson confirmed with Jones at least two times that Jones would not take him to jail if he cooperated. Thompson eventually consented.
Jones and Strobbe seized the marijuana that Thompson had told them about and several other items. The officers did not arrest Thompson that night. They did not at any time read him his Miranda rights. The State eventually filed charges against Thompson.
Before trial, Thompson moved to suppress the physical evidence and the statements he had made to the police. The district court adopted the facts included in Thompson's motion, clarifying only that there was insufficient evidence to determine whether the windows of the house were open, and that Strobbe had asked for consent once and Jones had asked for consent twice. The court found that the officers had interrogated Thompson without Mirandizing him and suppressed Thompson's statements. However, the court did not suppress the physical evidence because it found that Thompson had voluntarily consented to the officers' search of his house despite being in custody.
At trial, Thompson objected to the admission of each piece of physical evidence and to Strobbe's statement that Thompson told Strobbe he did not want to go to jail. A jury convicted Thompson of possession of marijuana and misdemeanor possession of drug paraphernalia.
Thompson argues his consent to the search of his home was coerced because the officers created a situation where no reasonable person would have believed he or she could refuse to give consent. Although the State maintains Thompson voluntarily consented to the officers' search, alternatively it argues that the evidence would have been discovered inevitably.
"In reviewing a district court's decision regarding suppression, this court reviews the factual underpinnings of the decision by a substantial competent evidence standard and the ultimate legal conclusion by a de novo standard with independent judgment. This court does not reweigh evidence, pass on the credibility of witnesses, or resolve conflicts in the evidence. [Citation omitted.]" State v. Ackward, 281 Kan. 2, 8, 128 P.3d 382 (2006).
When the material facts to a district court's decision on a motion to suppress evidence are not in dispute, the question of whether to suppress is a question of law over which an appellate court has unlimited review. State v. Porting, 281 Kan. 320, 324, 130 P.3d 1173 (2006).
"The Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights generally prohibit the warrantless entry of a person's home. [Citation omitted.]" Porting, 281 Kan. at 324. Both the federal and state constitutions provide that the privacy interest in a person's home requires special deference and is entitled to unique sensitivity. United States v. Martinez-Fuerte, 428 U.S. 543, 561, 565, 49 L. Ed. 2d 1116, 96 S. Ct. 3074 (1976); State v. Platten, 225 Kan. 764, 769, 594 P.2d 201 (1979); State v. Blair, 31 Kan. App. 2d 202, 206, 62 P.3d 661 (2002).
Moreover, searches conducted without a search warrant are per se unreasonable, subject to a few recognized exceptions. Kansas recognizes voluntary consent as an exception to the warrant requirement. State v. Groshong, 281 Kan. 1050, 1052, 135 P.3d 1186 (2006).
When the district court determines the State was permitted to conduct a search because it had consent to search, an appellate court reviews the holding for substantial competent evidence. The State must prove by a preponderance of the evidence that the consent was voluntarily, intelligently, and knowingly given. State v. Jones, 279 Kan. 71, 77, 106 P.3d 1 (2005). Consent is voluntary if it is the product of free and independent will. See State v. Kermoade, 33 Kan. App. 2d 573, 581, 105 P.3d 730, rev. denied 279 Kan. 1009 (2005). "[S]ubstantial evidence is such legal and relevant evidence as a reasonable person might accept as being sufficient to support a conclusion. [Citation omitted.]" State v. Luna, 271 Kan. 573, 575, 24 P.3d 125 (2001).
Here, the district court found Thompson's consent was voluntary primarily because the court found that sufficient probable cause existed to permit the officers to obtain a search warrant. Because the officers could have secured a warrant, telling Thompson they could apply for a warrant was not a threat and thus, not coercive.
Thompson does not claim that he was seized in violation of his Fourth Amendment rights. His only contention is that he did not voluntarily consent to the search of his home. Thompson relies on Kermoade to establish that his consent was coerced. Thompson claims his facts are similar because, as in Kermoade, the officers threatened that they would get a search warrant if Kermoade did not consent to the search. However, as both the district court and the State point out, Kermoade is factually distinguishable and does not support Thompson's arguments.
In Kermoade, police seized evidence of a marijuana farm after an unreliable informant told police that his neighbors were growing marijuana. Kermoade refused to consent to a search twice. The police told Kermoade that they would apply for a search warrant and would secure the house until they received the warrant. Although people would be allowed to leave, anyone who stayed would have to be in an officer's presence. Kermoade went inside to talk to her husband, Moyer.
While Kermoade was inside, the police claimed to have smelled fresh marijuana while standing on the porch. The officers entered Kermoade's house and yelled for Kermoade and Moyer to come to the front door. Kermoade, Moyer, and the officers sat in the living room to talk about their options. The officers did not threaten, yell, or tell Kermoade or Moyer that they had to consent. Kermoade and Moyer eventually consented to a search of their house and showed officers the marijuana farm in their basement. The district court suppressed the evidence, holding that the consent was coerced because of the officers' persistence, the lack of probable cause to justify seizing Kermoade or Moyer, and the officers' claim of authority that they were absolutely entitled to a search warrant.
A panel of the Court of Appeals affirmed the district court. The appellate court applied a clearly erroneous standard and noted that there was not an intervening break between the Fourth Amendment violation and the consent. 33 Kan. App. 2d at 581-82.
Here, there are two major differences. First, the police had probable cause to believe that a crime was being committed in Thompson's home. The district court specifically found that, unlike in Kermoade, the officers had sufficient probable cause to obtain a search warrant and were not on a fishing expedition.
The district court also noted that the police conducted their conversation with Thompson outside his home, rather than in his home as in Kermoade. Because the police provided Thompson with his legal options outside Thompson's home, and they had probable cause to secure a warrant, the court found that the officers' actions were not coercive. The court noted its decision would have been different if the police had not had probable cause, and explicitly disapproved Jones entering the home without a justifiable legal basis.
The second major difference is that the police seized Kermoade in violation of her Fourth Amendment rights and there was not an intervening event or break in time to remove the taint of the illegal seizure. Here, the police did not illegally seize Thompson. The police may briefly detain an individual when they reasonably suspect that the person is committing or has committed a crime. K.S.A. 22-2402(1). Because probable cause is a higher standard than reasonable suspicion, the officers could detain Thompson after he stepped out of his house to talk with them, and question him about the illegal activity going on in his house. See State v. Riddle, 246 Kan. 277, 281, 788 P.2d 266 (1990) (upholding warrantless arrest where police arrested the defendant when he stepped out of his house and onto the porch at the officer's request; defendant no longer had a reasonable expectation of privacy). Therefore, Thompson was not illegally seized, and the State needed only to prove that Thompson voluntarily consented to the search.
Although there was not an illegal seizure here, car consent search cases identify factors the courts may use to determine whether Thompson's consent was coerced. See State v. Reason, 263 Kan. 405, 409, 415-16, 951 P.2d 538 (1997) (coercion factors include the number of officers and whether the officers demonstrated authority, used forceful language, or showed their weapons); State v. Ninci, 262 Kan. 21, 32, 936 P.2d 1364 (1997) (factors indicating voluntariness were officer behavior, defendant's indication of intent to consent, defendant's education, intoxication); see also Schneckloth v. Bustamonte, 412 U.S. 218, 233-34, 248-49, 36 L. Ed. 2d 854, 93 S. Ct. 2041 (1973) (voluntariness to be determined from all the circumstances; burden is on the State).
Repeatedly asking for consent also may be coercive depending on the number of requests in a specific time period. See State v. Garcia, 250 Kan. 310, 317-19, 827 P.2d 727 (1992). In Garcia, the State obtained Garcia's consent to search his car after they had illegally detained him beyond the time necessary to issue a citation and without any articulable suspicion of criminal activity. Based on the totality of the circumstances, the Supreme Court upheld the district court's finding that Garcia's consent was not voluntary. 250 Kan. at 316, 319.
Here, there is no indication of how long the police interrogated Thompson before he consented to the search. Unlike Garcia or Kermoade, the police were not on a fishing expedition, but investigating a crime they had witnessed. Additionally, the State is not required to prove an intervening break between an illegal seizure and the consent because Thompson was not illegally detained. Finally, even though Thompson consented to the search while sitting in the patrol car, the fact consent is given while in custody is insufficient by itself to demonstrate coercion. See United States v. Watson, 423 U.S. 411, 424, 46 L. Ed. 2d 598, 96 S. Ct. 820 (1976).
The facts do not necessarily demonstrate that the officers created an oppressive environment. The officers did not brandish their weapons, raise their voices, or threaten to harm Thompson. Finally, the officers did not claim they had a right to enter and search his home without his consent.
Conversely, there are facts that could cause a reasonable person to believe that he or she did not have the authority to refuse the officer's request. First, the negative implication of Jones promising not to take Thompson to jail if he cooperated was that if he refused and the police got a search warrant, Thompson was going to jail.
Additionally, Jones entered Thompson's house without a warrant or permission for the reasons of officer safety. Yet, there is no evidence that the people in the house posed a threat to the officers, nor is there any evidence that the people in the house attempted to destroy evidence. Also, Jones' request that Thompson talk to him inside the patrol car seems unusual because although Jones claimed it was for Thompson's privacy, Jones did not recall seeing any neighbors gathering or watching from their porches. Finally, Thompson refused to give consent at least twice, maybe three times, before finally consenting to the search.
As has been said many times, the touchstone of our analysis under the Fourth Amendment is always the reasonableness, under all the circumstances, of the particular governmental invasion of a citizen's personal security. The reasonableness depends on a balance between the public interest and the individual's right to personal security free from arbitrary interference by law officers. See State v. Jones, 27 Kan. App. 2d 476, 482, 5 P.3d 1012 (2000), aff'd 270 Kan. 526, 17 P.3d 359 (2001) (citing Pennsylvania v. Mimms, 434 U.S. 106, 54 L. Ed. 2d 331, 98 S. Ct. 330 [1977]).
Where only a minor crime is involved and there are no emergencies requiring immediate police entry, the Fourth Amendment protections of homes should be strictly enforced.
Here, there was only a minor crime involved that did not require immediate police entry into the home, and Thompson had two or three times denied permission for warrantless entry, the consent obtained by the police through continued pressure on Thompson was invalid. See State v. Jones, 24 Kan. App. 2d 405, 947 P.2d 1030 (1997). Therefore the search was in violation of the Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights.
However, we believe the evidence can be admitted under the inevitable discovery doctrine. Evidence obtained in violation of the defendant's constitutional rights may be admitted if the State can prove by a preponderance of evidence an alternative legal basis for the admission of the evidence. See State v. Brown, 245 Kan. 604, 612, 783 P.2d 1278 (1989) (citing Nix v. Williams, 467 U.S. 431, 81 L. Ed. 2d 377, 104 S. Ct. 2501 [1984]).
In Brown, the Kansas Supreme Court upheld the admission of evidence obtained without a warrant. The court held that Brown's consent was not coerced when officers gave him the option of consenting and being searched at that time or waiting for a warrant, because the officers had sufficient probable cause to obtain the warrant. Brown, 245 Kan. at 613. The court appears to have upheld the admission of the evidence on both grounds. Because there was sufficient probable cause for the police to secure a warrant and they were in the process of obtaining the warrant, the evidence discovered on Brown would have inevitably been discovered. Additionally, because the police had sufficient probable cause to obtain a warrant, they did not impermissibly threaten him by stating they were applying for a warrant. 245 Kan. at 612-13.
The essential facts in the instant case are similar and require the same result as Brown as regards to inevitable discovery. There was enough probable cause to obtain a search warrant which would have lead to the inevitable discovery of the evidence.
Thompson also argues the district court committed reversible constitutional error by admitting Strobbe's statement, over Thompson's objection, that Thompson refused consent and told Strobbe he did not want to go to jail that night. The State denies that the statement was within the pretrial suppression order and even if it was, claims the error was harmless due to the overwhelming evidence of Thompson's guilt.
"'An error of constitutional magnitude is serious and may not be held to be harmless unless the appellate court is willing to declare a belief that it was harmless beyond a reasonable doubt. Thus, before an appellate court may declare the error harmless, it must be able to declare beyond a reasonable doubt that the error had little, if any, likelihood of having changed the result of the trial.' [Citation omitted.]" State v. Brown, 280 Kan. 65, 77, 118 P.3d 1273 (2005).
Whether a trial error is harmless or prejudicial requires the court to scrutinize the trial record as a whole and consider the claimed error in light of the entire trial, not as an isolated incident. State v. Abu-Fakher, 274 Kan. 584, 613, 56 P.3d 166 (2002). When there is direct and overwhelming evidence of the defendant's guilt, such that the admission of erroneously admitted evidence would not have affected the outcome of the trial, then the error is harmless. State v. Hebert, 277 Kan. 61, 96, 82 P.3d 470 (2004).
Here, the district court suppressed "all incriminating statements of admission and location of the drugs made by the defendant following his coming outside his home." The statement, "I don't want to go to jail" could be interpreted as being inculpatory, if the jury inferred that Thompson made the statement because he knew there was marijuana in his house. Thus, the statement was within the order and the district court should have sustained the objection and struck the statement from the record.
But in light of the other evidence, the statement was harmless error. Both officers testified to smelling marijuana when approaching the home. Strobbe also testified to seeing people inside passing around a hand-rolled cigarette, which he believed to be a joint. Thompson owned the home. Upon searching the home, the officers seized rolling papers that were on top of a skydiving certificate with Thompson's name on it. The certificate was sitting on top of a trunk which, Strobbe testified, was near where he had seen Thompson sitting. The officers did not find any loose tobacco but did find marijuana. Additionally, the officers seized nine hand-rolled cigarettes, six baggies of green botanical substance, forceps, rolling papers, and a gold pipe. Thompson did not present any evidence.
Considering all of the evidence was found in Thompson's home and most of it was found near where Strobbe testified Thompson had been sitting, it is direct and overwhelming evidence that Thompson possessed both the marijuana and drug paraphernalia. Although neither officer testified that Thompson was holding any of the illegal items, there were facts that established constructive possession. Jury instruction number 8 correctly defined constructive possession and the factors the jury should consider for finding constructive possession. The district court did not err.


text:
NBC didn't exactly soar in the ratings Thursday night with its three-hour live telecast "Peter Pan Live!"
The event program, which starred Allison Williams as the iconic children's character and Christopher Walken as Captain Hook, scored a 2.3 rating among adults ages 18 to 49 and about 9.1 million total viewers, according to preliminary national estimates from Nielsen.
While the numbers are solid, they are also disappointing. The viewership was about half of what last year's "The Sound of Music Live" telecast brought in--which clocked in at a 4.6 rating in the 18-49 demographic and nearly 19 million viewers.
The dip wasn't unanticipated--last...

subset: commoncrawl


text:
No. 95,650
UNION INSURANCE COMPANY, and
1. In construing K.S.A. 44-510e(a), where wage earning capability of a fully accommodated worker is diminished based solely on reported pain, but is not supported by the opinion of a physician, we conclude the legislature did not intend a work disability award. A worker shall be deemed ineligible for a work disability award where his or her task losses have been accommodated and his or her work restrictions are not supported by an opinion of a physician.
2. K.S.A. 44-510e(a) contains an express prohibition on a work disability award as long as the worker is engaging in any work for wages equal to 90% or more of the average preinjury wage.
3. In applying the legislative prohibition on work disability awards, a fully accommodated worker shall be deemed ineligible for such an award where the worker with a reported pain restriction has demonstrated the consistent ability to earn at least 90% of his or her preinjury wage during many if not most of the weeks within the post-injury period under examination.
4. It is the employer's obligation and right under K.S.A. 44-510h to appoint the designated treating physician, thus obligating its insurance carrier to pay for the treatment and the medications prescribed by such physician.
Appeal from Workers Compensation Board. Opinion filed September 1, 2006. Affirmed in part, reversed in part, and remanded with directions.
Nathan Burghart, of Fairchild & Buck, P.A., of Lawrence, for appellants.
Frederick J. Patton, II, of Patton and Patton, Chartered, of Topeka, for appellee.
Before RULON, C.J., GREEN and GREENE, JJ.
GREENE, J.: John Graham's employer, Dokter Trucking Group and Soldier Creek Transportation, together with its insurers, Union Insurance Company and Continental Western Insurance Company, appeal the award of work disability benefits to Graham by the Workers Compensation Board (Board), arguing that Graham failed to prove a wage loss because his purported inability to work a 40-hour week was not substantiated by a physician's restriction, but rather was the result of a self-imposed "restriction" due to reported pain. Concluding that the material statute requires a physician's opinion in support of such an award and that Graham failed to establish that his post-injury wages were not consistently less that 90% of his preinjury wages, we reverse.
Factual and Procedural Background
Graham was an over-the-road truck driver, who fell from a truck trailer and sustained injuries to his neck, right arm, and right leg. After being released by his chiropractor, Graham attempted to return to work but after 6 months determined that, due to pain, he could no longer perform his prior job, which included climbing to the top of the trailer, pulling a large heavy hose with him, and cleaning the trailers.
As a result of Graham's situation, his employer fully accommodated him by reassigning him to drive for a different contract carrier who required no climbing or lifting. Moreover, the new carrier utilized "air ride" trucks and there was less "jostling around." Nevertheless, Graham again left work due to pain.
After 6 months, Graham returned to work at the second carrier, but restricted his work week to less than full time ("2 or 3 days") due to pain he reported experiencing after checking both side mirrors every 5 to 8 seconds. His work at the second carrier paid 40% more per mile, thus allowing him to exceed his preinjury wages if he worked a full week.
The parties agree that the record contains no physician's opinion expressly restricting Graham's work due to his injury. It is also beyond dispute, however, that both physicians who testified confirmed that Graham's pain is consistent with his injury. Both parties rely on the testimony of Dr. Chris Fevurly who examined Graham and determined he had a 15% functional impairment to his cervical spine. Regarding restriction of work, Fevurly testified any work restriction was "self-imposed."
The administrative law judge (ALJ) found that although Graham was performing his tasks as a truck driver, he could no longer do so full-time. The ALJ determined Graham had a 43% task loss and a 24% wage loss. As a result, Graham suffered a 33.5% work disability. The employer and its insurers sought review with the Board.
After its review of the record, the Board affirmed the ALJ's award, concluding in material part:
"It is acknowledged in this record that while claimant is performing the same tasks he was performing at the time of the injury, he has limited himself to, because of pain from this injury, 20 hours a week and is, therefore, not performing the tasks as repetitiously or to the same degree as before. Both Dr. Zimmerman and Dr. Fevurly agreed claimant's pain is consistent with his injuries. Moreover, Dr. Fevurly noted if claimant was expected to work 40 hours per week, he would need time off in the middle of the week to recuperate. Lastly, there was no testimony claimant was faking his pain or lack of ability to work full-time. The Board finds the opinion of Dr. Zimmerman to be more credible and affirms the ALJ's determination that claimant has suffered a task loss of 43 percent."
Two Board members dissented, and one of the dissenters stated:
"This Board Member acknowledges that Dr. Fevurly did testify that if claimant is able to work 20 hours a week, but not the second 20 hours, then he would say that claimant in incapable of coping with the pain and unable to perform the job tasks for that second 20 hours. However, Dr. Fevurly went on to testify that he thinks claimant is qualified to work as many hours and drive as many miles as he did prior to his injury and the restriction at 20 hours per week is not a medical restriction, but a self-imposed restriction utilized by claimant."
The employer and its insurers appeal.
Did the Board Err in Awarding Graham Work Disability Based in Part on His Self-Imposed Restriction Due to Pain?
The employer and its insurers claim the Board erred in affirming the ALJ's award of work disability because Graham did not suffer a wage loss. They argue that a self-imposed restriction on hours worked should not justify a wage loss where the employer has fully accommodated the employee and no physician has imposed a work restriction.
We review decisions of the Board in accordance with the Act for Judicial Review and Civil Enforcement of Agency Actions. Garrison v. Beech Aircraft Corp., 23 Kan. App. 2d 221, Syl. ¶ 3, 929 P.2d 788 (1996). We review de novo the Board's interpretation of a controlling statute. See Foulk v. Colonial Terrace, 20 Kan. App. 2d 277, 283, 887 P.2d 140 (1994), rev. denied 257 Kan. 1091 (1995).
Insofar as the parties and this court can determine, this appeal presents a question of first impression: Is a worker entitled to a work disability award where he or she has been fully accommodated by his employer but self-imposes a work restriction that is not supported by the opinion of a physician? Clearly, we do not and cannot quarrel with the Board's findings that Graham experienced actual pain that prohibited him from working a 40-hour week without taking some time off between work periods. We reverse the award of work disability, however, for two reasons: (i) We conclude that the controlling statute contemplates that a wage loss must be supported by an opinion of a physician; and (ii) the record does not support the Board's finding of a wage loss because Graham was engaging in work for wages equal to his preinjury wages.
Self-imposed work restrictions
by an accommodated employer do not support a claim of wage loss.
The controlling statute is K.S.A. 44-510e(a), which states in material part:
"The extent of permanent partial general disability shall be the extent, expressed as a percentage, to which the employee, in the opinion of the physician, has lost the ability to perform the work tasks that the employee performed in any substantial gainful employment during the fifteen-year period preceding the accident averaged together with the difference between the average weekly wage the worker was earning at the time of the injury and the average weekly wage the worker is earning after the injury."
Here, there is no question that the employer accommodated Graham by the reassignment to a second carrier where the tasks were more easily performed by Graham given his task losses. In fact, we understand the employer's argument to be that the accommodation allowed Graham to continue working despite the task losses that were supported by physician testimony. Unfortunately for Graham, no physician was willing to restrict his postinjury employment, except to say that his reported pain was consistent with his injury. Dr. Fevurly was particularly equivocal as to any work restriction.
"Q. And, Doctor, did you place any restriction on Mr. Graham against working a full 40-hour week or as many hours as he had prior to this injury?
"A. No, I didn't put a restriction on him. You know, he is–he reports that he can only cope or tolerate 20 hours per week. However, he is able to do the job as outlined. . . .
. . . .
"Q. As far as you're concerned, he can work as many hours and drive as many miles as he was prior to this injury?
"A. Well, I think he's qualified to do that. . . .
"Q. And when we say 'restriction of 20 hours per week,' that's not a restriction–a medical restriction?
"A. Right. He's kind of self-imposed that in order to continue to work. And as I say this is a reported intolerance to the performance of more hours.
"Q. Okay. And that's not a restriction that's been placed upon him by you or any other physician as far as you know?
"A. Well, I didn't place it on him."
Did the legislature intend that an accommodated employee should receive a work disability award when unable to work full-time based upon reported pain and self-imposed work restrictions? We think not. The statute includes the all-important phrase, "in the opinion of a physician," as required to support the loss of "work tasks." The obvious reason for a two-prong formula for the work disability award is to take into consideration not only the percentage of task loss, but also the effect of such loss on wage earning capability. Where the wage earning capability is based solely on pain, albeit actual pain, we do not believe the legislature intended a work disability award.
In support of our reasoning, we consider a situation where there is submitted absolutely no opinion of a physician to support work restriction or wage loss. Would a work disability award be permitted solely due to the accommodated worker's reported inability to return to work based on reported pain? Again, we think not. The only way for the statute to make sense is to interpret a physician's opinion as critical to the award, and that opinion must buttress an actual work restriction that gives rise to the wage loss. Statutes must be construed to avoid unreasonable results. See Pieren-Abbott v. Kansas Dept. of Revenue, 279 Kan. 83, 88, 106 P.3d 492 (2005). If we were to construe the statute as did the Board, we believe the result would open the door to a myriad of work disability awards based solely on purely subjective factors, and this cannot be consistent with legislative intent underpinning K.S.A. 44-510e(a). As this court has said before, "[t]he legislature clearly intended for a worker not to receive compensation where the worker was still capable of earning nearly the same wage." Foulk, 20 Kan. App. 2d at 284. We have consistently refused to support work disability awards where the worker has chosen to suffer a wage loss. See, e.g., Lowmaster v. Modine Mfg. Co., 25 Kan. App. 2d 215, 962 P.2d 1100, rev. denied 265 Kan. 885 (1998).
The two-part test for measuring work disability includes both a measurement of the loss of ability to perform work tasks and actual loss of wages resulting from the worker's disability. Gadberry v. R.L. Polk & Co., 25 Kan. App. 2d 800, 802-03, 975 P.2d 807 (1998). Where a loss in wages results from an accommodated worker's self-imposed work restriction rather than a physician's opinion, this wage loss is not compensable under the controlling statute.
Work disability award prohibited where worker is engaging in
work for wages equal to 90% of preinjury wages
As an alternative ground for our conclusion we note that the record does not support Graham's contention that he was unable to earn at least 90% of his preinjury average weekly wage. The controlling statute contains an express prohibition on a work disability award where the worker is "engaging in any work for wages equal to 90% or more of the average [preinjury wage]." Here, the accommodated position with a second carrier was paid at a rate 40% above the preinjury wage. Accordingly, in order to earn at least 90% of his preinjury wage, Graham did not need to work a full 40-hour week, but rather needed to work only 26 hours per week. The testimony in the record does not support any conclusion that Graham was unable to work 26 hours a week at the accommodated position.
Graham testified that regulatory authorities allowed him to drive 70 hours in 8 days, which means that in a 7-day week, Graham was permitted to work 61.25 hours. He then said that he "would like to be working six days a week if [he] could . . . instead of two or three." He also said, "[I]f it's an easy run I can maybe work three days." He conceded on cross-examination that he "could earn twice as much now if I could, but I–that's why what I make in three days is–a couple of days is–keeps the wolf away from the door."
Examining wage records, it is clear that it was not unusual for Graham to earn at least 90% of his preinjury wage after he returned to the accommodated work at the second carrier. The Board found that Graham's preinjury average weekly wage was $498.36, and 90% of this amount (the threshold necessary for a work disability award) was therefore $448.52. During the period June 12, 2003, to September 25, 2004 (the same period examined by the Board), Graham earned more than $448.52 in 23 of 60 weeks, and he earned more than $440 in 31 of 60 weeks.
We believe that this illustrates the problem with Graham's argument. If a work disability award can be based purely on reported pain, it is possible for the worker to manipulate his or her workweek to assure that, on average, the postinjury weekly wage will not exceed the 90% of preinjury wage that would make the worker ineligible for the award, even though the worker demonstrates a clear ability to earn the 90% any time desired.
Here, we are faced with a need to construe the phrase "is engaging" contained within the legislative prohibition. The statutory language states:
"An employee shall not be entitled to receive permanent partial general disability compensation in excess of the percentage of functional impairment as long as the employee is engaging in any work for wages equal to 90% or more of the average gross weekly wage that the employee was earning at the time of the injury." (Emphasis added.) K.S.A. 44-510e(a).
Although K.S.A. 44-511 provides standards and a formula for calculating "average gross weekly wage," there is no further statutory nor regulatory guidance for construing the phrase "is engaging." Although this determination may be suited for a agency application on a case-by-case basis, we are not satisfied here that Graham should escape the statutory prohibition because he is consistently "engaged" in work for wages equal to 90% or more of his preinjury wages. We have previously recognized that since the 1993 amendment to K.S.A. 44-510e(a), the phrase "as long as" within the statutory prohibition implies an ongoing rather than a one-time or averaged examination. See Roskilly v. Boeing Co., 34 Kan. App. 2d 196, 201, 116 P.3d 38 (2005). Consistent with this reasoning, a fully accommodated worker who has consistently demonstrated the ability to earn at least 90% of his or her preinjury wages over a 60-week period is ineligible for work disability.
We hold that in applying the legislative prohibition on work disability awards, a fully accommodated worker shall be deemed ineligible where his or her work restrictions are not supported by an opinion of a physician, or where the worker with a reported pain restriction has demonstrated the ability to earn at least 90% of his or her preinjury wage during many if not most of the weeks within the postinjury period under examination.
We reverse the Board's award of work disability to Graham and remand with directions to limit his award to functional impairment.
Did the Board Err in Awarding Reimbursement of Dr. Seeman's Medical Care as that of Authorized Treating Physician?
The employer and its insurers next argue that the Board erred in obligating them to pay for certain prescriptions from Dr. Seeman, arguing that he was not the current authorized treating physician, arguing that Graham performed an "end around" the procedural requirements of the Workers Compensation Act.
The Board found against the employer and its insurers on this issue, reasoning:
"K.S.A. 44-510h makes it the duty of the employer to provide services of a health care provider as may be reasonably necessary to cure and relieve the employee from the effects of the injury. In this instance, claimant contacted respondents on two separate occasions in January and March of 2004, attempting to obtain authorized care. No response was forthcoming. Claimant contacted respondents and was referred to Dr. Seeman, a doctor well-known to respondent Soldier Creek and used on may occasions for various medical purposes. The insurance company, through its attorney, later objected, attempting to appoint Dr. Fevurly as the authorized treating physician and to de-authorize Dr. Seeman.
"The Kansas Supreme Court in Matney [v. Matney Chiropractic Clinic, 268 Kan. 336, 995 P.2d 871 (2000)] was asked whether the employer or the insurance company has the right to designate the treating physician. . . .
"The Kansas Supreme Court, in reversing both the Kansas Court of Appeals and the Workers Compensation Board, ruled that it is the respondent's obligation and right under the statute to appoint the designated treating physician. In discussing the language of K.S.A. 44-532(a), which states '[w]here the payment of compensation of the employee . . . is insured by a policy or policies, at the expense of the employer . . . , the insurer . . . shall be subrogated to the rights and duties under the workers compensation act of the employer so far as appropriate . . . .', the Kansas Supreme Court determined that a corporation is a separate entity, authorized under the law to act as a single person distinct from the shareholders who own it. The Court found that the employer is authorized under K.S.A. 1992 Supp. 44-510(a) (the predecessor to K.S.A. 44-510h) to designate a treatment provider for the employee. The Kansas Supreme Court found that the clinic (respondent) in Matney acted within its statutory authority when designating Dr. Fore as its employee's (Matney's) treating provider. The insurance carrier was then ordered to pay the charges for the treatment provided by Dr. Fore.
"In this instance, the Board finds, based on Matney, that the designation by respondent Soldier Creek of Dr. Seeman as the authorized treating physician qualifies under K.S.A. 44-510h as appropriate medical care and that authorization obligates the employer (and its insurance carrier) to pay for the treatment and the medications prescribed by Dr. Seeman."
We note that the ALJ noted that "it's been a pretty sloppy presentation by both sides" on this issue. We adopt the reasoning of the Board and agree that, under these circumstances, the respondent indeed authorized Dr. Seeman, and the Board did not err in awarding reimbursement of certain prescription costs resulting from his treatment. See Winters v. GNB Battery Technologies, 23 Kan. App. 2d 92, 97, 927 P.2d 512 (1996). We affirm the Board on this issue.
In summary and conclusion, we reverse the Board's award of work disability to Graham, we affirm the Board's award of reimbursement of the Seeman related medical costs, and we remand with directions to limit the award to functional impairment.
Affirmed in part, reversed in part, and remanded with directions.


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The American Quilt: A History of Cloth and Comfort, 1750-1950
Clarkson Potter, 1993 - Antiques & Collectibles - 290 pages
The most important, comprehensive, and sumptuously illustrated addition to the literature of quilting since i1Quilts in America. Most of the book's 250 stunning full-color quilts have never before been published. With them as a reference, Kiracofe shows us how to read a vocabulary of fabrics, dyes, patterns, and other clues to put quilts in their social and cultural context. Full-color photographs.
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The TED (short for technology-education-design) conference and its spin-offs feature short speeches that push unusual ideas, and this audition also is seeking creative formats for your talk. The ideas shared on the TED blog are ideas you can borrow for a regular presentation as well as your TED audition:
Imagine:- a 'slide-blizzard,' a presentation containing more images than words- a talk accompanied by an imaginative soundtrack- a talk given in front of a custom-animated movie- clever 'choreography' between a speaker's words and what we see on-screen- improv / audience interaction- intense campfire-style storytelling- a brilliant performance (music, spoken-word, dance … surprise us!)- a rant delivered at blitzkrieg pace, an intelligent comic routine, a mystery- a remarkable new invention- or… just an amazingly good classic TED talk with an ingenious 'idea worth spreading'Here's the process: You make a one-minute video to show how you speak and any creative format you choose, and upload it to YouTube or Vimeo. Then send a link to your video along with an application. Speakers chosen from the video auditions will get to give their TED talks in front of a live audience of TED staffers and their invitees. Your one-minute video is due April 25, 2011 by 11:59 pm Eastern time. Check out the blog post for the full schedule.
And if you enter, keep us posted! You'll find useful tips on video for speakers below.
Related posts: What video can do to help you get that speaking gig
When you're seen in HD: New on-camera tips
8 things to look for when your speech is recorded
Use the Evernote clip button, above, to save this post in an Evernote notebook. Go here to subscribe to Step Up Your Speaking, my free email newsletter that looks at a different speaking topic in depth each month...then become a fan of The Eloquent Woman on Facebook and join the conversation with thousands of other women (and men) about public speaking skills and confidence.


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From his January 30, 2014 podcast, Tom Woods said, in response to this January 25, 2014 New York Times hit piece against Rand Paul and Mises Institute associates like Walter Block (at 9:47):
"Basically, I don't talk to the New York Times anymore. They write to me, they want some comment, I tell them no, I've been smeared by you guys before."
Yet, five days after the article, Woods is still touting that he's a "New York Times Bestselling Author" on the top of his website, and on his Facebook page.
If the New York Times is so bad and has been known to "smear" him and others like Walter Block and Ron Paul, why is he still touting their lauding of his authorship?


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New Pocket Bowie Knife from Boker and Tom Krein!
When we first heard about the Pocket Bowie, we were skeptical. One of the defining features of a Bowie knife is the large blade. What would a Bowie be, we wondered, without the size? But the new Pocket Bowie from Boker and Tom Krein has made believers out of us. The shaving sharp 2 1/2″ blade is small enough to be hidden under your shirt as a neck knife, but it feels like a larger knife. Maybe it is just the attitude that this knife has in comparison to other neck knives, but the spirit of the Bowie knife clearly surges beneath the steel of this blade.
The distinct Bowie blade is coupled with a very grippy G-10 handle. A tight, Tek-Lok compatible Kydex sheath completes the ensemble.
See this knife at www.knifecenter.com
More information from Boker: Continue Reading


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Crook County, Oregon
Welcome to the Official Government Website for Crook County, Oregon.
Crook County is located in the geographic center of Oregon in an area of outstanding natural beauty. The county's economy is driven by agriculture, construction, forest products, livestock, manufacturing, recreation and tourism. In 2007 the county celebrated its 125th anniversary.
More information about the County ...details


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Staff writer
Sadie Lange hopes the weather Saturday in Marion is hot. Warm weather means thirsty people, and thirsty people might want a cool glass of lemonade from her stand on South Freeborn Street.
Sadie, a second-grader at Marion Elementary School, wants to sell as much lemonade as she can because she's on a mission: she wants to provide clean drinking water for the African country of Rwanda.
"A lot of children are walking a couple miles to get water that is from rivers and stuff, and it has a lot of germs in it. Kids are late to school from getting water," Sadie said.
This is the second year Sadie is selling lemonade to benefit charity:water, an organization that funds projects to create sustainable sources of clean water in African countries that will last for decades. Sadie raised more than $800 in 2011 from sales and donations to help pay for a drilling rig to dig water wells in Ethiopia.
"You can give as much money as you want, and that's how I get my money that I give to charity:water," Sadie said.
Sadie learned about charity:water from her father, Jeremiah Lange. He was motivated to help after hearing the program's founder speak at a conference.
"One of the things charity:water does is ask people to give up their birthday and ask people instead of presents to give to charity:water," Lange said. "I raised a few hundred dollars."
It was a website video Lange watched that helped Sadie decide she wanted to help, too.
"The first time I watched the video with my dad I saw most of the people in Africa didn't have clean water, and I wanted them to have clean water," Sadie said.
Sadie surpassed her goal of $500 last year, and charity:water CEO Scott Harrison sent a personal video thank-you to her via YouTube.com. She set a more ambitious target of $1,000 this time. As of Monday, her charity:water web page already had $1,280 in donations, some from as far away as Australia.
Rwanda is a mountainous country in central Africa about the size of Massachusetts. About 70 percent of the country's 11.6 million people must walk to get water, according to charity:water's website.
"Rwanda is made up of mountains, so they probably have to walk up at least half a mountain, and then they have to carry a very heavy bucket of water back to their house," Sadie said. "They have to walk through these tiny little paths with no shoes on."
Sadie said she hopes anyone who can will come by her lemonade stand Saturday.
"I think they should for charity:water, and they should because I think it might be a hot day," Sadie said.
The lemonade stand at 411 S. Freeborn Street will be open 10 a.m. to 2 p.m. Donations can also be made at http://www.mycharitywater.org/sadieslemonade2012.


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16 Sep 2012
(Hong Kong) Dragonair today (Sunday, 16 September) announced that flights to and from Jeju will be cancelled on Monday, 17 September, based on the latest forecast for Super Typhoon Sanba.
The aircraft deployed for the Jeju flights on Tuesday (18 September) will be upgraded to an A330 to accommodate those passengers originally scheduled to travel on Monday's cancelled flights.
The airline is closely monitoring the possible impact on its flights to and from Busan and Fukuoka on 17 September. Services for the two destinations may be subject to delay or cancellation caused by the adverse weather. An update will be issued once more information becomes available.
Details of the flights cancelled on 17 September are as follows:
Flight No. / Route / Scheduled Departure Time (Local Time)
KA328 / From Hong Kong to Jeju / 0850
KA327 / From Jeju to Hong Kong / 1405
Passengers whose flights are cancelled are advised not to go to the airport. Dragonair will assist with alternative arrangements for affected passengers and they are advised to review booking changes and update their contact details for receiving the latest flight status updates via SMS or email in Manage My Booking at www.dragonair.com.
Passengers are advised to check the latest flight information on the airline's website www.dragonair.com before departing for the airport.
Dragonair continues to monitor the situation closely and will issue further updates once more information becomes available. The airline regrets any inconvenience this may cause and hopes for passengers' understanding.


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horn anchor
King George compass
Dragon sail racer mode
Empress reading glass
weather glass
Oxford varsity oar
Spirit of St. Louis plane model
WWI propeller with clock
Adventurous Gifts
Anyone who dreams of adventures away up in a crystal clear blue sky, or adventures in the deep turquoise blue sea would be thrilled to receive gifts of plane models or ship models. Fueling their dreams of adventure, choices can be made from a variety of classic aviation machines featuring propellers to newer age zeppelins and Ford Trimotors. Model planes allow ones mind to soar up and away along with their favorite storied aviators like Charles Lindberg, Amelia Earhart and the Wright Brothers.
Beautifully crafted model planes add an extra element of interest and excitement in rooms like dens and offices, and even make a stylistic statement in a living room. Aviation enthusiasts will be thrilled by the intricate details in these exceptional quality plane models and will love reminiscing about planes they have been lucky enough to fly in or about planes they have always dreamed of soaring in.
Collectors as well as casual aviation buffs love the looks of these artfully designed aircraft. For those who love planes and for those who are influenced by sleek and beautiful aircraft, what better way could there be to teach potential future aviators about the wonder and beauty of flight than through viewing an exceptionally realistic looking plane model? Many times the hobbies of adults can be passed down to children and can fuel an interest in a child which influences the child's choices later in life. Such is the fascinating hobby of aviation.
Fans of all things aviation also love the variety of very unique propellers that were made into useful wall clocks. At one time, turning an old airplane propeller into a clock was done so a pilot could keep a remembrance of the airplane they loved. The propeller being made into a clock is a tradition handed down by generations of the best-known and most-loved aviators.
Enthusiasts of everything nautical are amazed when they receive gifts of realistic ship models. Those who live near water and those who simply wish they lived on the water and dream often of sailing enjoy the amazing detail lovingly crafted into these models. Fun nautical themed accessories complete the look of any sailor's dream room.
The classic airplanes of yesteryear bring back nostalgic memories of a simpler time when flying evoked a sense of glamor and sophistication. These flying machines hearken back to the days of getting dressed up to fly on a plane and when pilots and stewardesses were heroes that were looked up to. Displaying beautiful model planes in a fun and exciting way on a mantle or shelf is a fantastic way to bring back those fond memories and to keep the dream of aviation alive for future generations.


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Downtown Los Angeles including Korea Town, China Town & Little Tokyo
Let us meet often and hit balls. Join the group and introduce yourself. This is a great place to meet other players in L.A.See More
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Local, state and environmental officials have their sights set on barrier island restoration after passage of the federal Restore Act that will provide billions of dollars for such work.
Local, state and environmental officials have their sights set on barrier island restoration after passage of the federal Restore Act that will provide billions of dollars for such work.
The Louisiana Coastal Protection and Restoration Authority is proposing a $120 million project to BP that involves beach and dune restoration to Whiskey Island.
The Caillou Lake Headlands Beach and Dune Restoration Project aims to help protect and sustain significant coastal habitats as well as protect threatened and endangered species.
Terrebonne Coastal Restoration Director Nick Matherne said a restored barrier shoreline would reduce wave energy and salt-water intrusion from the Gulf of Mexico into back-barrier environments including marshes and mangrove wetlands.
"We have to convince (BP) that this is a worthwhile project," he said. "Whiskey Island is one of our barrier islands, which acts as one of our first lines of defense from hurricanes and everyday-wave attenuation."
For the past century, Whiskey Island, which is one of five islands that comprise the Isles Derni�res barrier island chain, located about 18 miles southwest of Cocodrie in
Terrebonne Parish, has experienced an average shoreline erosion rate of 57 feet per year.
The project involves replenishing Whiskey Island's coast through beach and dune-fill placement by using offshore sand sources as well as building back-barrier marsh behind the west portion of the island with mixed sediment from a separate offshore source, Matherne said.
The process involves placing about 8.7 million cubic yards of sand to create both beach and dunes, and about 82,000 cubic yards to construct a beach separation dike along about 23,000 feet of shoreline. The marsh component involves placing about 972,000 cubic yards of mixed sediments to create the marsh platform along roughly 5,500 feet of shoreline and about 171,000 cubic yards to construct the dikes, according to project reports.
All this sand can be obtained by the Ship Shoal, which is an east-west sand body a few miles away from the Isles Derni�res, said Kerry St. P�, director of the Barataria-Terrebonne National Estuary Program.
Hurricanes blow sand off these islands, which creates problems, St. P� said.
"You need a platform that is going to catch that sand," he said, which is where the back barrier marshes come in.
St. P� said if nothing is done with these islands they will continue to wear away, and there will be nothing to knock down a storm surge or provide a place for birds to rest, causing an overall reduction to the estuary.
"People should care about this because they want to keep their houses dry," he said.
Whiskey Island and its sister islands not only provide protection from erosion and storm surge for bayou communities, they provide important nesting and stopover habitat for migratory birds and shorebirds, said state Wildlife and Fisheries biologist Michael Carloss.
The islands also provide important fisheries habitat, creating spawning and wintering grounds for species, he said.
Carloss said Whiskey Island, however, does not have as significant an amount of animals as Raccoon Island has, which is home to the largest nesting population of brown pelicans in Louisiana.
"Humans should feel some kind of responsibility to protect these animals, especially if there is something they can do to prevent it," Carloss said. "They are part of the ecosystem. Removing any of that could be important and could affect other species."
Although this project is only a short-term solution, it must be started immediately, St. P� said, along with many others.
"We've lost so many thousands of acres already," he said.
The Isles Derni�res, French for "last islands," became an archipelago after a hurricane destroyed it in 1856.
State officials have said any plan for Restore Act dollars will be grounded in the state's $50 billion master plan for coastal protection and restoration.
That amount of money gives an idea of how much work needs to be done, St. P� said.
There is no way Louisiana can afford to do this alone.
"But Louisiana is not the cause of all this," St. P� said. "So we need help from the federal government and any source that we can get it from. And the BP settlement is a good place to start."
St. P� said there is no telling when the damage assessment is going to be complete. But he hopes it is soon.


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Its good to see that Mr Mayor is so actively involved in his site. I just have few suggestions on how I think we can improve the site, and I invite others to use this discussion board as a way to…Continue
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Which grand slam do you like the best, and why?! As for me, I would rank the grand slams in this order:1. Wimbledon2. US Open3. French Open4. Australian OpenContinue
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If you have a choice between playing singles, or doubles. Which would you chose? Assume that the doubles players are as competitive as you!
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Valuable information on the epidemiology, pathophysiology, genetics, and possible treatment of type 2 in children.
Epidemiology of type 2 diabetes in youth, including evidence for and magnitude of the epidemic; pathophysiology in youth, case-finding criteria, and when to consider the possibility of type 2; and how to diagnose and treat diabetes in children and adolescents. ©2003 Softcover, 6 x 9, 107 pages
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HNPCC and Endometrial Cancer
Dear OncoLink "Ask The Experts,"
I have recently been diagnosed with HNPCC after a resection of the transverse colon, at age 48. The genetic counselor has pulled quite a bit of information, and I see [that] the recommendation is to possibly have a hysterectomy to avoid uterine cancer. My doctor. feels [that] this would be the only way to avoid having to go through biospies every 6 months. Are there any other alternatives?
Jill Stopfer, MS, CGC, Certified Genetic Counselor, responds:
In women who have a clear cut diagnosis of Lynch syndrome, the lifetime risk to develop uterine (endometrial) cancer in some studies approaches 60%. In addition, there is about a 10% chance of developing ovarian cancer. For this reason, women do sometimes consider prophylactic hysterectomies, usually after childbearing decisions are completed. Some of these decisions may be due to the pedigree (meaning the rest of the family history).
If a woman is post-menopausal, then the hysterectomy may be less of an agonizing decision than for a woman who is pre-menopausal, especially for one who would still like to have a child / more children. It is a reasonable and frequently offered alternative to management of uterine and ovarian cancer prevention in women who have Lynch syndrome. Recommended screening for women with an intact uterus includes annual endometrial biopsy and transvaginal ultrasound.


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Large, Lucrative Markets for n-Butanol and iso-Butanol from Biomass
Cobalt and others [ed: including Gevo and OPX] are hedging their bets. In addition to fuels, companies are also developing other products, such as biochemicals. Those products have higher price points that could create economic stability for the companies long before any big investments in biofuel production take place, Wilson said.
"This is a little company. Why take a molecule and turn it into $2 for fuels when you can turn it into a $5 chemical?" he said. _PaloAltoOnline
Gevo Inc. is powering ahead with its renewable isobutanol product. Gevo's latest effort is a partnership with Mustang Engineering, LP, to produce jet fuel using isobutanol as feedstock.
Gevo, Inc., a renewable chemicals and advanced biofuels company, signed an engineering and consulting agreement with Mustang Engineering, LP for the conversion of Gevo's renewable isobutanol to biojet fuel. This effort will focus on the downstream processing of isobutanol to paraffinic kerosene (jet fuel) for jet engine testing, airline suitability flights and advancing commercial deployment. (Earlier post.)Gevo competitor Cobalt Biofuels produces bio n-butanol (normal butanol), which is a straight chain 4 carbon alcohol, rather than the branched chain alcohol isobutanol, made by Gevo. Cobalt claims that its n-butanol product has access to even larger markets than does Gevo's isobutanol (see image at top).
Gevo also announced that its "fit for purpose" testing at the Air Force Research Laboratory continues with a final report expected in June. Once completed successfully, the company will initiate jet engine testing with engine manufacturers. _GCC
The advantage of normal butanol is that you can take normal and isomerize it, but you can't take an isomer and normalize it. So, with n-butanol, you have advantages as a platform for a wider variety of chemicals.OPX Biotechnologies has partnered with Dow Chemicals to produce specialty chemical products from biomass, locating their facility at the Dow plant to facilitate cost savings.
"For us, we like wood, bagasse and glycerol as feedstocks. We see costs there in the $60 per ton for wood biomass, $40 for bagasse and $20 for glycerol. Those change, but there's a significant enduring advantage compared to the cost of sugarcane or corn, which are well over $200 per ton. That's lower than the cost of crude oil, but when you take into account the amount of energy you can access in corn or cane, the cost advantage can be minimal unless you have very high oil prices sustained for a very long time.
"The markets, for us," said Wilson, "are the $7 billion n-butanol market, for acetates, acrylates, and glycerol esters, where the current pricing is $2300 per metric ton. Compare that to diesel or gasoline, both under $1000 per ton. Also, we have the OXO derivatives, such as butyric acid or 2-ethyl hexanol. That's a $9 billion market trading at $2600 per ton. There are also the butene derivatives, such as isobutene, a $17 billion markt trading at between $1200 and $1500 per metric ton. There are paints, solvents, plasticizers, paint dyes, stabilizers, preservatives and more in those markets.
"The markets are very small, compared to the fuels markets, where you have $250 billion in jet fuel, $980 billion for gasoline and $1040 for diesel. Those are a great story, but its hard to make money, and the first goal of any company should be to make money. The cost of making petroleum-based butanol is around $1230 per metric ton. We can make it from corn at $1200 per ton, cane at $1170 per ton. But when we look at wood, our cost drops to $800 per ton; or $650 per ton from bagasse, or $380 from glycerol. _LowCarbonEconomy
Over at OPX Bio, the market is acrylic acid, which is now at $8 billion and growing 3 to 4 percent per year. Acrylic acid is a key chemical building block used in a wide range of consumer goods including paints, adhesives, diapers and detergents. Later on, the company hopes to commercialize a new technology, converting syngas to fatty acid esters, in work funded by ARPA-E. Other partners will be signed by OPX to work that technology up to scale.You can see that the market for fuels is much larger than the market for chemicals, but that the profit potential for chemicals is much higher. A biofuels company can become profitable more quickly and at smaller scale -- with less debt -- by exploiting the renewable chemicals market first. This allows the company to develop more efficient, streamlined, and economical approaches to the higher-volume fuels markets without bleeding capital in the process.
. Earlier this week, Dow Chemical and OPXBIO announced that the two companies are collaborating to develop an industrial scale process for the production of bio-based acrylic acid from renewable feedstocks.
Both CEOs agree that the path to cost competitive advanced biofuels runs first through the garden of renewable chemicals. Not only because they are sold at higher prices. They are made in smaller volumes. That means smaller commercial scale plants, lower capital costs, and faster returns for investors for who, time is money. Where fuel-centric companies are raising hundreds of millions for their commercial-scale plants, OPX, for example, is raising just $35 million in its series C round, which takes the company through completion of its demonstration-scale plant.
But there's one other advantage. That's the breadth of technical collaboration and opportunities to share cost on critical technologies. "That's where the Dow partnership comes in, said Eggert. "They are the largest acrylic acid producer from propylene, and have very strong chemical foundational knowledge, and the relationships in place for market development. Here's a benefit to us: neither Dow nor we feel that we need to raise and invest for the consuruction of a demon plant. Instead, we'll use standard contract fermenters to make hydroxypropionic acid, (3-HP), then Dow already has the bioacrylic conversion from 3-HP at pilot and demo scale."
Scale? For OPX, their 100 million pounds (equivalent of 14 million gallons) biorefinery is expected to be cost-competitive with 350 million pound propylene-based systems. The market price? 70 cents per pound, or right on $5 per gallon. _LowCarbonEconomy
Labels: butanol, energy economics, green chemicals


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This numbered edition Aluminum Print, designed by Cool Fun Awesome Time, comes with a numbered and signed certificate of authenticity. Printed on a .045" thick aluminum sheet, this print is crisp, high gloss, lightweight, and water resistant. It comes with a proprietary 1/2" aluminum shadow mount allowing for easy installation.
a perfect checkerboard pattern to fit your checkerboard pattern needs!
United States


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"THE GAME" � (9:00-9:30 p.m. ET)
"Bury My Heart at Wounded Knee" (CONTENT RATING TBD) (HDTV)
LEE MAJORS GUEST STARS � When Derwin (Pooch Hall) injures himself in the big playoff game, Jason (Coby Bell) has to step in and fill his shoes for the Super Bowl game, but he has conflicted feelings about the situation. Meanwhile, Melanie (Tia Mowry) feels torn between her ex, Derwin, and her new relationship with Jerome (guest star Mehcad Brooks). Lee Majors guest stars in his recurring role as Coach Ross. Wendy Raquel Robinson, Hosea Sanchez and Brittany Daniel also star. Lenny Garner directed the episode written by Tim Edwards (#40596-038).


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Piaget Emperador Cushion watch
- Piaget Emperador cushion-shaped minute repeater, 48 mm. Case in 18K rose gold. Sapphire crystal case back. Manufacture Piaget 1290P ultra-thin automatic minute repeater mechanical movement, the thinnest in the world (4.8 mm thick). Vintage special edition.
- Man Watch G0A38019
Piaget Emperador Cushion watch
The latest incarnation of Piaget's virtuosity in the art of the ultra-thin since 1957, the Piaget Emperador cushion-shaped automatic minute repeater attains a double record for thinness in its category: 4.8 mm for the movement and 9.4 mm for the case. Its extraordinarily pure and intense gong, embracing three virtually-harmonic partials, brilliantly heralds Piaget's arrival in the world of minute repeaters. This timepiece meets a threefold objective: uncompromising technical mastery, the finest acoustics and esthetics focused on exceptional finishes. The case, which is in perfect harmony with the complication, features wisely-orchestrated architecture that highlights the structure of the cushion and rounded shapes – the genuine hallmark of Black Tie luxury watches. This ever-so-refined masterpiece, which epitomizes the pure harmony of watchmaking art, incomparable thinness and exceptional design, perpetuates Piaget's unwritten rule of excellence.
Expressing Piaget's insatiable quest to be the finest watchmaker, the 1290P movement is adorned with an unprecedented level of hand-crafted finishes. Designed around the 1200P movement – the thinnest automatic movement in the world – it reveals an incredible 4.8 mm depth. Benefiting from 407 components, it center stages extraordinary miniaturization and makes no concession on acoustics or technical reliability. An exercise of extreme prowess, some of its wheels are only 0.12 mm thick, barely more than a hair. Its microrotor was crafted in platinum to provide optimal winding power. The desire to go even further beyond the boundaries of the extra-thin also led to specific design choices, like showcasing the hammers on the bridge-side and reversing the bolting system, which buckles downwards instead of upwards. Precision has not been forgotten either, as the 1290P movement integrates a surprise-piece device. This ensures an optimal hour jump at the end of the 59th minute, so that the striking mechanism can indicate the exact time to the nearest second.
Stemming from a subtle blend of tradition and innovation, the esthetic design of the 1290P movement offers unprecedented balance. The movement boasts a wealth of decoration that requires the highest level of expertise from Piaget's best craftsmen: finely hand-drawn, hand-filed, beveled bridges, sunburst or circular satin-brushed wheels, rose-gold-toned oscillating weight and screws, and mirror-polished finishes. The overall effect is enhanced by a sapphire crystal dial, engraved with Piaget's motto "Always do better than necessary", through which the remarkable quality of this exceptional movement can be admired.
Minute repeater watch, ultra-thin, automatic, rose gold
- Watch product type:
- Watch
- Metal:
- Rose gold
- Metal weight (gr):
- 78.1
- Strap type:
- Alligator
- Strap color:
- Brown
- Strap buckle:
- Folding clasp
- Case shape:
- Cushion
- Case diameter:
- 48 mm
- Case thickness:
- 9.4 mm
- Index:
- Batons
- Waterproofness:
- Specificities:
- Sapphire case back
- Movement:
- Automatic mechanical
*Piaget luxury watches and jewelry are individually produced and thus the weight and carats of each product can vary from the displayed data.
1290P Movement
- Type:
- Automatic mechanical
- Functions:
- Hours, Minutes, Minute repeater
- Technical features:
- Ultra-thin movement
- Power reserve (in hours):
- Approx. 40
- Frequency (vph):
- 21,600
- Frequency (Hz):
- 3
- Diameter (lines):
- 15.50
- Diameter (mm):
- 34.9
- Number of jewels:
- 44
- Thickness (mm):
- 4.8
- Number of components:
- 407
- Finishing:
- Back: Circular Côtes-de-Genève, bridges hand-beveled and hand-drawn with a file, surnburst satin brushed wheels, pink or black coloured platinum oscillating weight engraved with the Piaget coat-of-arms, rhodium and pink gold or black plated polished screws, "P" fixed to the regulator assembly as Piaget signature, Front: sunburst satin brushed and guilloche mainplate hand-beveled and hand-drawn with a file, sunburst or circular satin brushed steel components hand-beveled and hand-drawn with a file, black or polished screws
Daily Care & Services
Ultra-thin watch, automatic, minute repeater, white gold
Minute repeater watch, ultra-thin, automatic, white gold, diamonds
Tourbillon watch, skeleton, automatic, rose gold


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When it comes to hairstyles the sky is the limit as there are a variety of hairstyles available to choose from, hairstyles which have been developed along time to suit the new trends as well as different hair types, face shapes as well as personalities. One of the hairstyles that manage to stand out are the lovely romantic hairstyles which suit different occasions and which help enhance femininity to the max. Hair length and hair type play a key role in hairstyling but thankfully, the development of new hair styling tools, products and techn... Read More


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Athlete Handbook
The administration at NMU would like to welcome you to the United States Olympic Training Site at Northern Michigan University.
The many rules and regulations stated in this handbook are designed to make your stay with us as productive as possible. Our staff is here to ensure that your athletic and educational goals are met. We encourage you to become acquainted and maintain an open line of communication with us.
Download the handbook (PDF)


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The Admiral's Cup
1647 Thames St., (410) 534-5555, theadmiralscup.com
This waterfront newcomer pleases patrons with the seafood-centric menu that Fells Point tourists and locals alike are after. Crab mac and cheese, tuna cobb salad, and jambalaya.
Ale Mary's
1939 Fleet St., (410) 276-2044, alemarys.com
$$, D, BR, Out
A dollar goes a long way on food here—huge entrees and lots of rib-sticking sides, including a wide array of tater tots. Lunch on weekends.
Alexander's Tavern
710 S. Broadway, (410) 522-0000, alexanderstavern.com
$$, L, D, BR, Out, 10 p.m.
The tater tot menu kills, but the full weight of the offerings—including burgers, steaks, and crab cakes—will satisfy a gourmand.
129 S. Broadway, (410) 522-4777, arcosrestaurante.com
$$, L, D, Br, Out
Possibly the most romantic outdoor dining available in Baltimore, made spicier by the fine Latin cuisine, particularly the tacos dorados and barbacoa de borrego.
734 S. Broadway, (410) 327-5795, berthas.com
Maybe it's the long and famous experience gained from serving mussels, but this place knows its way around a stick of butter, a bottle of sherry, and a spice rack—who knew chicken livers could be so good?
The Black Olive
814 S. Bond St., (410) 276-7141, theblackolive.com
The specialty here is grilled whole fresh fish with the house sauce, and diners select their own catch or go with the catch of the day. A recommended alternative is the kakavia, an amazing Greek stew.
Blue Moon Café
1621 Aliceanna St., (410) 522-3940, bluemoonbaltimore.com
$, B, L, D, 10 p.m.
There's a reason for the line out front whenever this place is open—it's strictly breakfast food, done with delicious creativity. Nice to find potato cakes with applesauce and sour cream on the same menu with sausage-gravy biscuits.
Bond Street Social
901 S. Bond St., (443) 449-6234, bondstreetsocial.com
$$, D, BR, P, Out, R
Shared dishes run the gamut, from saffron arancini and fancy grilled cheese to Moroccan lamb chops and scallops. Cocktails get at least equal billing at this semi-swanky meet market.
Brick Oven Pizza
800 S. Broadway, (410) 563-1600, boppizza.com
$$, L, D, 10 p.m.
Outstanding pizza with a light crust, but they're no slouches when it comes to wraps and pasta either.
1911 Aliceanna St., (410) 563-8008, darbarbaltimore.com
A destination for very good Indian food, from perennials like chicken tikka masala and saag paneer, to the more exotic, like benghan aftab, a fried eggplant specialty.
Ding How
631 S. Broadway, (410) 327-8888, dinghowbaltimore.com
Known for its lo mein and white-meat General Tso's chicken, this is an old faithful for Chinese dining.
Dogwatch Tavern
709 S. Broadway, (410) 276-6030, dogwatchtavern.com
$, L, D, Out, 10 p.m.
Respectable pub grub, with excellent soups and a chicken pot pie that'll bring you back.
Duda's Tavern
1600 Thames St., (410) 276-9719, dudastavern.com
$$, L, D, Out, 10 p.m.
Crab cakes, yes, and a full gamut of tasty options (including Taylor pork roll!), but for those looking to drop some cash, try the stupendous "bay pilot seafood medley," which is totally worth it.
The Greene Turtle
718-722 S. Broadway, (410) 342-4222, thegreeneturtle.com
$$, L, D, BR, Out, 10 p.m.
It's a big menu from a big outfit (franchises available, with almost 40 locations in four states and D.C., including outlets in Towson and at BWI airport), so expect plentiful drinking grub.
Henninger's Tavern
1812 Bank St., (410) 342-2172, henningerstavern.com
OK, so, gruyere-and-leek bread pudding with a Cornish game hen and a side of jus-soaked haricot verte. Yum. Just go and see the rest yourself. The place is priceless.
Hungry Andy's
629 S. Broadway, (410) 558-1869, hungryandys.com
Everything you expect from a deli—subs, wings, cheesesteaks, hot dogs, barbecue—only tastier.
Jimmy's Restaurant
801 S. Broadway, (410) 327-3273
Baltimore's Platonic ideal of a breakfast joint also offers T-bones and New York strips, a full menu of subs and sandwiches, and burgers and dogs. Plus, pretty darn cold beer.
John Steven Ltd.
1800 Thames St., (410) 327-5561, johnstevenstavern.com
$$$, L, D, BR, Out, 10 p.m., R
Boasting about its bounteous seafood offerings is the John Steven way, and it tries mightily to live up to the expectations.
Johnny Rad's
2108 Eastern Ave., (443) 759-6464, johnnyrads.com
$$, L, D, 10 p.m.
People are drawn in by its imaginative thin-crust pizzas and awesome beer list; they stay for the Skee-Ball lanes; and they come back for the friendly service.
Kali's Court
1606 Thames St., (410) 276-4700, kaliscourt.com
$$$, D, R, Out
Exquisite fish dishes, from bouillabaisse to monkfish osso bucco, plus lamb and filet mignon. Fit for royalty.
Kali's Mezze
1606 Thames St., (410) 563-7600, kalismezze.com
$$, D, R, Out, 10 p.m.
Mediterranean tapas, strategically selected, can fill you up without emptying your wallet and will leave you wanting to come back soon.
Kooper's Tavern
1702 Thames St., (410) 563-5423, kooperstavern.com
$$, L, D, BR, Out, 10 p.m.
A wide variety of good burgers every day, and don't miss the Belgian beers paired with a mussels-and-fries menu on Thursdays.
Max's Taphouse
737 S. Broadway, (410) 675-6297, maxs.com
$$, L, D, Out
The place is all about the beer and has easily the widest selection in town, with 140 taps and more than 1,200 bottled varieties. They serve what goes well with it: dense burgers, wraps, chicken, and deep-fried delectables with dips.
Nanami Café
907 S. Ann St., (410) 327-9400, nanamicafe907.com
$$, L, D, Out
Fresh, bountiful, and comparably affordable—three good reasons why this is a destination for sushi-philes, the fourth being that it has outdoor seating overlooking the harbor.
The Olive Room at the Inn at the Black Olive
803 S. Caroline St., (443) 681-6316, theblackolive.com
$$$, D, Br, Out
The same exacting sensibility as the Olive Room, only a more diverse and affordable menu—plus an exceptional view of the harbor from atop a waterfront inn.
Peter's Inn
504 S. Ann St., (410) 675-7313, petersinn.com
The remarkably creative and adventurous menu (the things one can do with a parsnip!) changes weekly, but some things—the filet mignon/New York strip option, and the famously delicious salad-and-garlic-bread combo—are staples. Among the best bets in Baltimore dining.
Pierpoint Restaurant
1822 Aliceanna St., (410) 675-2080, pierpointrestaurant.com
Into the locavore thing way before it became cool, this is Maryland cuisine with an imaginative, contemporary twist.
The Point in Fells
1738 Thames St., (410) 327-7264, thepointinfells.com
$$$, L, D, BR, Out, R
The kitchen knows what it's doing here and serves its eclectic menu to both the fancy and the grubby with style.
Red Star
906 S. Wolfe St., (410) 675-0212, redstarbar.us
Burgers, pizza, wraps, and a huge selection of creative, filling salads, all done with a flair that pairs well with the smartly curated wines, beers, and specialty cocktails.
2127 E. Pratt St., (410) 276-5480, salttavern.com
Always nice to see rabbit on a menu around Easter, but the duck fat fries are also something to write home about.
Sip & Bite
2200 Boston St., (410) 675-7077, sipandbite.com
$, B, L, D, 10 p.m.
Round-the-clock dining with a rock 'n' roll attitude and possibly Mobtown's most extensive menu—favoring, of course, Greek-leaning tastes.
1700 Thames St., (410) 563-6600, slaintepub.com
$$, B, L, D, BR, Out, 10 p.m.
The Irish aren't known for the quality of their food (well, maybe except for breakfast, if you're into those puddings), but Sláinte is. And if you're a fan of rest-of-the-world football or rugby, you'll find yourself here to watch matches anyway.
Sticky Rice
1634 Aliceanna St., (443) 682-8243, bmoresticky.com
$$, L, D, BR, Out, 10 p.m., R
The sushi/sashimi experience is worth the visit, but fill out the meal with those extra-special sticky balls and tater tots.
809 S. Broadway, (410) 327-0228, stuggys.com
The best-dressed dogs in town, hands down, and superior hand-cut fries to boot.
Tapas Adela
814 S. Broadway, (410) 534-6262, tapasadela.com
$$, L, D, BR, Out
Smartly presented Spanish small dishes are as yummy on the plate as in the belly, with outdoor seating pleasingly shaded from the afternoon sun in summer.
Thames Street Oyster House
1728 Thames St., (443) 449-7726, thamesstreetoysterhouse.com
$$$, L, D, Out, R
Truly exquisite, impeccably fresh seafood dishes in a relaxed atmosphere with primo, knowledgeable service. Raw bar open late.
Todd Conner's
700 S. Broadway, (410) 537-5005, toddconners.com
$$, L, D, BR, Out, 10 p.m.
Plenty of good options here, but the spinach—cooked in mushroom-garlic oil with bleu cheese—would make Popeye proud.
Tortilleria Sinaloa
1716 Eastern Ave., (410) 276-3741, tortilleria-sinaloa.com
Easily the best corn tortillas in town, and once those tortillas are filled with perfectly seasoned fresh fish, fresh chunky guacamole, and salsa, possibly the best tacos in the world.
V-No WineBar
905 S. Ann St., (410) 342-8466, v-nowinebar.com
$, L, D, Out
Nuts, cheeses, pâtés, and cured meats to complement the wine—all while cozying up in the year-round (with blankets) outdoor seating.
Waterfront Hotel
1710 Thames St., (410) 537-5055, waterfronthotel.us
$$, L, D, BR, Out
The pub-like atmosphere belies the quality of the food, which is a considerable cut above your average Fells Point bar fare, especially the pork-belly tacos and barbecue.
Waterfront Kitchen
1417 Thames St., (443) 681-5310, waterfrontkitchen.com
Very special farm-to-table surf and turf, served with a spectacular view overlooking the harbor. Also, the meatloaf is deliciously affordable.
The WharfRat
801 S. Ann St., (410) 276-8304, thewharfrat.com
$, L, D, 10 p.m.
Pretty impressive food spread given that the bartenders cook right there behind the bar. Recommended: the fish and chips.
811 S. Broadway, (443) 835-4086, willowbaltimore.com
$$, L, D, BR, Out, R
By "Tex-mex," they mean tacos, quesadillas, and burritos, plus burgers and pizza, with an extra measure of cocktail pride.
Woody'sRum Bar
821 S. Broadway, (410) 563-6800, woodysrumbar.com
$$, L, D, Out, 10 p.m.
Tacos, wraps, and pub grub with a fantastic view of the harbor, but this place—as the name suggests—is really about the drinks.
Ze Mean Bean Café
1739 Fleet St., (410) 675-5999, zemeanbean.com
$$, L, D, BR, Out, R
Slaves to Slavic cuisine, look no further, and don't forget the Sunday jazz brunches.


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text: The input parameters are the source spectrum, the gas composition, and the gas density or pressure. The spectrum of the central source of radiation is described by the spectral luminosity, , where is the total luminosity (in erg s). The spectral function, , is normalized such that and may be of one of a variety of types, including: Thermal bremsstrahlung, ; blackbody, ; or power law, ; or the user may define the form of the ionizing continuum by providing a table of energies and fluxes. The gas consists of the elements H, He, C, N, O, Ne, Mg, Si, S, Ar, Ca, Fe, and Ni with relative abundances specified by the user. The default abundances are the solar values given by [Grevesse, Noels and Sauval 1996].


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Customized fat loss has guidelines for a fast lifestyle and healthy which should help most people in a position to help lose belly fat ugly. From the beginning, the preparation for a successful end, custom fat loss gives a lifestyle of fitness, eating the right foods for your body, and a mindset that will take to reach your ideal weight. The book is full of practical, easy to implement by the land councils.
The program begins by measuring basic statistics, including weight and body fat percentage. You will be asked for photos of yourself from the start so that you can assess your progress in the course. You are also advised to check their clothes at the beginning too, as you will probably find that fits more loosely as you begin to apply the principles of program.Your waist measurements are also important: the ideal woman should be about 14 inch to 35 inch waist is ideal for men.
This program does not take a miracle approach to get you what it promises: a lean and healthy body, you will be proud of. Your goals will be achieved through a systematic practice of tried and tested principles of health and fitness. Example, says the book from the beginning that a change in your eating habits is critical to their physical goals. Eating foods that are healthy to promote the loss of metabolism and fat is also important to continue the exercise regimen that is prescribed in the book.
When your body is clean and eat foods that are natural, is then introduced some of the basic principles of fat loss for the year. The book says that building muscle is very important for you to burn fat. So, no need for diet pills and other supplements to get the body you want. This book explains how muscle tissue burns more calories than fat tissue that gives you the ability to burn fat while you are not exercising. Working in series and supersets, the program takes you through the basic exercises that will build muscle you need without bulking up.
After reaching the fourth principle of fat loss, you will discover that traditional cardiovascular routines are not really what you want to do in your exercise. Scientific research around the world, the program uses the training also known as pop pop. If you switch between intervals of high intensity and low intensity, the body burns more fat and training times are much shorter!


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Country star Carrie Underwood spent her recent 30th birthday eating alone after her husband, hockey player Mike Fisher, fell ill with a bout of influenza.
The singer is currently on the third North American leg of her year-long Blown Away world tour, which began last May, but she was given a two-day break to mark her age milestone on March 10, and she planned to head back home to Nashville, Tenn., to spend much-needed quality time with Fisher.
However, the birthday girl's dream date quickly fell apart after her husband fell ill.
She tells People magazine, "I was like, 'I only have 48 hours. I want to do my laundry and go out to dinner.' But Mike got the flu, so I ended up eating vegan pizza. By myself. I was like, 'I'm not mad at you. I do not want you going anywhere, because I know you feel awful. But I do expect a redo!'"
Underwood had to depart for Europe the next day and her delayed birthday "redo" may have to wait a while – she wraps up her live shows in Abbotsford, Canada on May 23.


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Alright, I know there are many of us who suffer from allergies on this forum, and all of us can agree it's a b*tch. It's a b*tch for sleep, work and just life in general, including cycling. Approximately 1/4 of us will develop it, some worse than others. So what I want to know is what do you do/ medicines do you use to suppress the devil himself's allergy?
Right now I'm using anti-histamines (classic), eye drops and nasal spray. They were working great until the start of this week, when I needed them most. Anyone got others, better?


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Tuesday, August 15, 2006
On The Street…At The Farmers Market, New York
CommentsClose comment
21 comments
i like the way her sleeves are scrunched up (at least it appears to be). LOVE your blog!
love the combonation of the 'tea-time' dress with 'play-time' shoes…
very sweet.
Oh that's extremely cute! (Different shoes though?)
i love this little dress..
Very retro cute, that dress. Did she say if it was vintage?
Love her, the dress and the bag, but absolutely despise the shoes with this outfit.
Definitely cute! I think the big white buttons really make the dress fun and playful.
I have a few op-shop dresses like this but feel my height and proportions just make them look clunky on me. She looks great, though – her proportions are perfect for such a cutesy outfit! With my – significantly broader – proportions, I think a cutesy blouse can work, but it needs to be "grounded", as it were, with black trousers or jeans. Otherwise it looks a little Alice in Wonderland after she drinks the potion and grows incredibly large…
i have noticed lately that the pics of men show predominantly classic, timeless, ageless, elegant looks an hey stil manage to look fresh, not stodgy — but the women look faddy, trendy, costumey. does this mean there are no feminine versions on the street of the mens' classic seersucker suits and fresh contmeporay classic outfits? only the latest mui mui or droopy vintage? please prove me worng!
if women were wearing a femme version of classics and still looking good I would shoot it but they simply are not. at least not as much as people outside the cit might think.
if you can find those women and shoot them please prove me wrong.
Actually I know I have shoot plenty of those ladies(especially outside RL's office) but they don't come around very often – check the archives a little more closely
"Classic" for women = "was trendy last year"
sorry to dissapoint you, mates
i would love to see it with scrunched leggings—liek Daryl K with gothy platform heels …. i love hte dress.
i love this little dress…it is a great fabric, has great buttons, but i don't care for the shoes with the dress. she still looks super cute though!
What is considered classic greatly depends on whom you are asking. In a colorful place (like NYC), the answer can be rather varied, even surprising…
what a sweet simple dress
she is petite so pulls it off!
wow! this looks exactly like my school uniform before they changed the design!!
The collar, the scrunched sleeves and those BUTTONS. For me its all about those BUTTONS!!! I didn't even see the shoes for those BUTTONS.
I LOVE little girl style dresses. It blows so badly that with my bleedin' huge gazongas I can't carry it off anymore.
I look like some twelve year old who sprung a set before her parents noticed enough to buy her new clothes.
That's just NOT a good look…and it sucked when I was twelve too.
If I could find "classic, timeless, ageless, elegant" clothes in a petite size I would be more than happy to wear them!
30-something woman
Oh, lovely way to dress
I'm looking farward to get exactely that way to dress


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Photo Credit: Tim Etchells, Hugo Glendinning, Empty Spaces, 2009
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