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text:
General Electric posted an 8.3 percent rise in quarterly profit, as solid demand in the U.S. and Asia for its electric turbines and railroad locomotives helped to offset the effects of Europe's woes. But revenue fell short of expectations.
GE, The largest U.S. conglomerate, said on Friday that third-quarter net income increased to $3.49 billion, or 33 cents per share, from $3.22 billion, or 22 cents per share, a year earlier.
Factoring out one-time items, the profit was 36 cents per share, meeting the analysts' average estimate, according to Thomson Reuters I/B/E/S.
Revenue rose 2.8 percent to $36.35 billion from $35.36 billion, falling short of Wall Street estimates of $36.94 billion.
Following the release, the conglomerate's shares fell by 1.3 percent before the opening bell. (Click here to get real-time quotes for GE.)
"The global economy is uncertain, and we are prepared for a variety of economic outcomes," said Chief Executive Jeff Immelt, who confirmed the company's target to increase earnings at a double-digit percentage rate in 2012.
The company experienced its sharpest revenue growth in its energy infrastructure arm, where sales were up 12 percent. Immelt had bulked up that business in 2010 and 2011 with an $11 billion wave of acquisitions, largely in the oil and gas sector.
Sales at GE's aviation and health-care arms fell 1 percent.
Most major industrials have experienced weak demand in Europe for their equipment as a result of the continent's debt crisis and GE has been no exception to that trend, though Immelt told investors late last month that European demand has been no worse than the company had expected.
The Fairfield, Conn.-based company laid out plans last month to cut its selling, general, and administrative costs by $700 million to $1 billion next year in the face of an uncertain global economic environment.
Immelt has also committed the company to buy back enough shares to lower its share count below 10 billion — its level in 2008. That year GE sold new shares to raise cash during the financial crisis.
As of Thursday's close, GE stock has climbed some 41 percent over the past year, reaching levels not seen since the 2008 crisis and sharply outpacing the 22 percent rise of the Dow Jones industrial Average.
General Electric is the minority owner of NBC Universal, the parent company of CNBC and CNBC.com.

subset: commoncrawl


text:
4th Quarter, 2011
In this issue
NCSF Annual Meeting, March 2012 in Minnesota
Consent Counts: Report & Looking to the Future
Consent Counts: Words from Our Board Chair
Coalition Corner: Siege Works
Meet Your Board! Returning Member- Mercury
NCSF Annual Meeting, March 2012 in Minnesota
By: Sassy, CP Rep - Minnesota Stocks Debentures & Bonds
March is known for "March Madness" in Minnesota. It's a time of high school sports championships and interesting weather. Not to worry, we will keep you warm and safe from the snow! Join us for the Coalition Partner Meeting the third weekend of March in 2012 in Minneapolis, MN. We are already putting together a series of people ready to scoop you up at the airport and deposit you at the hotel!
The annual meeting is an opportunity for our Coalition Partners to send their representatives and help set NCSF policy, review and approve the budget and elect the board. NCSF has limited scholarships available to help facilitate the attendence of active Coalition Partner representatives to the meeting.
Consent Counts: Report & Looking to the Future
by the NCSF Board
Eighteen months ago NCSF kicked off a new program called Consent Counts. The program is a direct outgrowth of the direction of the more than fifty Coalition Partners who vote for the NCSF board, approve the budget and set the policies and programs of NCSF. In conjunction with NCSF's efforts to help remove SM from the DSM manual that classifies mental illness, the criminal prosecution of consensual BDSM is a real issue that the NCSF sees every day. NCSF's Consent Counts program is a long-term effort to both challenge and change those laws.
Consent Counts began primarily as a legal program. In the last year the NCSF has done a tremendous amount of work with people outside of SM community, along with SM related legal and legislative work. The effort to change the impact of California SB 430 is an example of that work.
The next step in the Legal part of the Consent Counts program is the development of Continuing Legal Education (CLE) classes for attorneys around the issues of consent in criminal law. The NCSF will be joining the Kody Brown/Sister Wives case by providing an Amicus, or friend of the court brief, in support of the decriminalization of consensual adult polygamy. By the end of the 1st quarter next year, NCSF will have an indexed list state by state available on the website citing relevant appellate or case law around consensual BDSM and providing the ability to search out laws in all 50 states that criminalize BDSM.
Our coalition has given more than fifty workshops around the country on the legal realities of consent in the law in the last year.
One of the things we have learned is that the legal work alone isn't enough. There has been an exponential growth in the numbers of requests NCSF has received for help related to consent issues in the last year. So, in an effort to be responsive to our constituencies we began to develop a guide for both victims of consent violations and those accused of consent violations. The two-part guide will have a section for victims who have had their consent violated and give them some tools for looking at what their options are (police, civil, outreach assistance, how to report, what to say etc.) Additionally, it will have another section for those who have had an accusation leveled against them (legal, criminal, civil, etc. The board anticipates having the guide available for public distribution at the beginning of next year.
Finally, the expansion of the Consent Counts program will include the publication of a community discussion guide that groups, workshop leaders, presenters, and events around the community can use to begin, develop, and turn into NCSF, the outcomes, of discussions around the issue of consent, what it means in their communities etc. To be very clear- the NCSF does not intend to develop some kind of unilateral statement regarding consent. The whole point of the of the Community Discussion Guide on Consent is to foster the discussion nationwide - leading to a policy summit at NCSF's next annual meeting in Minneapolis, led by Coalition Partners and finally to the development and creation of a statement about consent created at the Leather Leadership Conference (LLC)XIII in Seattle in 2013.
Consent Counts: Words from Our Board Chair
by Leigha Fleming
I believe- from the volume of requests and comments NCSF has had over the last 12-18 months that SSC- safe sane and consensual is a model that doesn't work for us as a community anymore. We've outgrown it the way a child outgrows the training wheels on his bike. There IS brand equity in SSC. It's still useful. We've done anamazing job over the last 25 years educating people outside out community about BDSM. SSC- due in no small part to the work of activists in our community has entered the modern lexicon -- CSI episodes, "consenting adults", safewords, and news stories that reference SSC. WE- the SM community- did that. But it's also become not much more than sloganeering... and it's not enough for us anymore.
We've been discussing these attitudes and growing the Consent Counts program dictated by our CPs who have said this is the most important work we can be doing.
I'm asking all of you to join the discussion - on Fetlife, in notices at SM events, in your local groups and on NCSF's website. As we distribute the Community Discussion Guide at the beginning of next year, ask an NCSF rep to come to your group, take the guide to your own groups and events and munches and launch a discussion. Send us your feedback. This isn't going to be easy. But the issues surrounding consent are significant- and unless we address them, we will fail in our mission.
For the people who say - you know what, I'm not responsible for some idiot who thinks consent given once never needs to be given again. I would say- you're right; that is, if you're sitting on the sidelines. If you stand up as an activist, as an educator, or leader in our varied communities- you are responsible. You signed up to be responsible and to educate intelligently and ethically when you stood up to be an activist, educator or leader.
If we can't change the social discourse around consent and BDSM, we can never change the political or legislative discourse. We can do this and I believe with deep conviction- that this is the most important issue facing our community today - both as we try to gain a more nuanced view of what consent is for ourselves and our partners and as we work with the outside world to change their perceptions about us and to change the laws that affect so many of us every single day.
Coalition Corner: Siege Works
1) What is the mission of your group?
It is to the primary goal of The Siege to create within the rich and vibrant gay and BDSM/Fetish Communities of Nashville, a reoccurring, sex forward, intense, & energetic, mens play party to serve the whole mid-south region. Attendees travel from as a far as two hundred miles away. We do not have a formal membership, rather we are a loose network who stay in touch through an email list and our own web forum. We host our parties at The Mark in Nashville, quarterly, in the past we have done so bi-monthly. Our second function, spreading information about BDSM play in a fun, sexy, face-to-face environment and provide a space for interaction between individuals who identify primarily with the BDSM community and individuals who identify primarily with the gay community. Though I've not had the opportunity yet, I would like bring our event to other regions to encourage the proliferation of real time face to face gay mens BDSM/Fetish culture.
2) What inspired your participation with the NCSF?
As sexual minorities living in the bible belt, the need for legal action to push back against those who wish to repress our liberties is omnipresent. The NCSF is the only organization with such a focus, and thus far we've been impressed with what they have accomplished and the network of support they provide.
3) What's your favorite way to do your NCSF fund raising?
Throw a wild party and divide the proceeds between our host organization and the NCSF.
Meet Your Board! Returning Member- Mercury
1) Do you have a history of activism and community involvement?
I have served the Middle Tennessee BDSM/Fetish/Kink community for over six years as the Executive Director of CPI, the 501(c)(7) non-profit corporation that runs The Mark in Nashville. During this time, we have hosted over 600 events in our "community center" and have been financially self-sustaining since we opened our doors.
I have been a regional presenter even longer than that, presenting an eclectic mix of subjects ranging from D/s Decorum and BDSM 101, to Team Topping and Physics of S/M Play -- hoping that I can give back more than I extract from the people I meet!
Additionally, I work with local university sexuality professors and certified sex therapists providing understanding opportunities offering lectures, discussion, literature, and facility tours to better educate them in regards to BDSM and polyamory.
So, yeah, I have been around and involved, helping strengthen our community as I can.
2) What specialties do you bring to the board?
In addition to my volunteer role as a dungeon-keeper, I have worked in corporate sales and marketing for years, worked as a program/project manager, and owned my own design firm; yet my biggest asset to the Board may be my location in the Southeast, where I can help the NCSF grow its presence and value in, perhaps, an under-involved region.
3) What inspired you to become involved in NCSF? (What does the NCSF mission mean to you?)
Once I became increasingly recognized as being in a position of local leadership, more people would approach me with issues that they needed help to resolve. Inevitably my research would lead me to the National Coalition for Sexual Freedom, who were the only people offering a sincerely sympathetic ear and real informed guidance.
It wasn't long before I came to realize that a key component to making my local/regional community more secure was to help make the NCSF safety net stronger. The best way I knew to do that was to step up and offer myself to the cause.
4) Anything else you'd like to add?
I would like to thank all of the people back home who work hard for their community and make me look good in the process! You folks are the best -- giving as you can to make life better for us all.


text:
This is probably the most renowned MTB event in France.
I don't really know it that well, so feel free to correct me if I missed a thing. I'll still make an attempt at a preview
It was created in 1984 around Ramatuelle on the French Riviera by Stéphane Hauvette with the design by Jean-Pierre Timmermans and was owned by the French Federation until bought over by Sportys in 2000.
Sadly by 2011 following a decision of the Tribunal of Commerce, Sportys is bought over by ASO who thus organises the event.
Last year Tim Wellens raced the Sunday event and came in the spotlight but two punctures annihilated his chances.
This year he's racing the Friday and the Sunday events, apparently but unfortunately he's not in his 2015 shape.
About 400 participants are racing it every year said Tim Wellens last year. I guess he's strictly referring to the Sunday race because the off website refers to 5,000 participants !!
The programme for the event can be seen here:
The Roc Trophy starts on Thursday for 4 stages. Here are the profiles:
None available for the Saturday stage
The Roc d'Azur itself is the final stage which can be raced as a single-day event (if I get it right ???).
Here's the palmares:
2015 Victor Koretzky (FRA) Julie Bresset (FRA)
2014 Jordan Sarrou (FRA) Margot Moschetti (FRA)
2013 Miguel Martinez (FRA) Elisabeth Osl (AUT)
2012 Stéphane Tempier (FRA) Anna Szafraniec (POL)
2011 Moriz Milatz (ALL) Maja Wloszczowska (POL)
2010 Alban Lakata (AUT) Maja Wloszczowska (POL)
2009 Roel Paulissen (BEL) Aleksandra Dawidowicz (POL)
2008 Roel Paulissen (BEL) Elisabeth Osl (AUT)
2007 Jean-Christophe Peraud (FRA) Henzi Petra (SUI)
2006 Christoph Sauser (SUI) Alison Sydor (CAN)
2005 Christoph Sauser (SUI) Maryline Salvetat (FRA)
2004 Miguel Martinez (FRA) Alison Sydor (CAN)
2003 Jean-Christophe Peraud (FRA) Alison Sydor (CAN)
2002 Peter Pouly (FRA) Laurence Leboucher (FRA)
2001 Thomas Dietsch (FRA) Laurence Leboucher (FRA)
2000 Thomas Dietsch (FRA) Chantal Daucourt (SUI)
1999 Christophe Dupouey (FRA) Laurence Leboucher (FRA)
1998 Christophe Dupouey (FRA) Laurence Leboucher (FRA)
1997 Miguel Martinez (FRA) Gunn Rita Dahle (NOR)
1996 Christophe Manin (FRA) Gunn Rita Dahle (NOR)
1995 Bart Brentjens (HOL) Sophie Eglin (FRA)
1994 Jean-Christophe Savignoni (FRA) Sophie Eglin (FRA)
1993 Bruno Lebras (FRA) Sylvia Furst (SUI)
1992 Tim Gould (GBR) Eva Orvosova (SLQ)
1991 Tim Gould (GBR) Eva Orvosova (SLQ)
1990 Bruno Lebras (FRA) Sylvia Furst (SUI)
1989 Olaf Candau (FRA) Nathalie Ségura (FRA)
1988 Patrice Thévenard (FRA)
1987 Eric Chanton (FRA)
1986 Jean-Pierre Morel (FRA)
1985 Alain Dallenbach
1984 Larbi Midoune


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UNDP chief calls on international community to support Yemen appealFeb 18, 2010
Helen Clark, Administrator of the UN Development Programme (UNDP), has welcomed the cease-fire in the conflict between the Government of Yemen and the Houthi rebels. Miss Clark added that UNDP will work with all parties in support of recovery and development of the region affected by the conflict.
She expressed her concern about the humanitarian situation in the affected region in northern Yemen, especially for some 250,000 persons displaced by the conflict. The Administrator, who is also the Chair of the United Nations Development Group, added that she hoped that the international community would react positively to the cease-fire by providing urgently needed resources in response to the humanitarian needs caused by the conflict and to allow early recovery from the conflict to begin. The humanitarian community in Yemen, including the United Nations, issued a Humanitarian Response Appeal for 2010 for support to life-saving humanitarian assistance and early recovery efforts in aid of the affected civilian population.


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This was my brilliant Monday morning plan: Lay out the genius concepts I'd devised over the weekend and dazzle my colleagues. But I sped through my talking points, squeaked when answering tough questions, and said totally at least seven times. I'd hoped to make a good impression. Instead, I sounded like a helium-huffing Busta Rhymes protégée.
"To a certain degree, you are your voice," says Patricia Fletcher, a voice coach in NYC. "If your voice is free, relaxed, and expressive, it's more likely your message, ideas, and persona will be perceived the same way." And if your voice is tight, small, or constricted? "You run the risk of having your message — and you — perceived in kind." Oof. I began working with Fletcher to cultivate a powerful workplace voice.
Shut Down the Upspeak
You know how sometimes? Everything someone says? Rises up and sounds like a question? That's upspeak, and it conveys hesitation, insincerity, surprise, and confusion, Fletcher says. Do a DIY diagnosis: Record yourself reading a short news article, then play it back. Draw an arrow above the words, moving the pen in upward or downward motions depending on your intonation. If your sentences tend to end on the upswing, try this visualization exercise: As you speak, use your hand to "draw" a straight, steady line out of your mouth at the same time. My voice is more confident when I do it.
Quit the Baby Talk
Logically, I know that speaking in a little-girl voice when I'm uncomfortable doesn't say badass career woman. So if my voice isn't naturally high-pitched, why do I slip into Chipette mode when I'm feeling the heat? "Women may be, consciously or subconsciously, using the same ammo that worked for them in their adolescence," Fletcher says. But while playing the innocent-and-cute card may have helped us get our way or avoid criticism as a kid, it doesn't project authority as an adult. Try yawning several times — both with your mouth open wide and pursing your lips. This stretches out your throat and tongue, which helps prevent sound from escaping through your nose — key to eliminating nasally baby voice. And if you have a naturally high-pitched voice, you can help it project more strength and confidence by spending a few minutes humming while you get ready for work each morning. "Make sure to slide around into deeper pitches to really wake up your lower register," says Fletcher.
Smooth it Over
Oh vocal fry…that gravelly, "is she hungover?" tone you hear when Britney Spears and Emma Stone speak. It's widespread among young women, but it doesn't project clarity or confidence in the workplace. Eliminate fry and you take a huge step toward "coming across as capable, expressive, and clear," Fletcher says.
Like fryers, my voice sometimes tenses as I hold my breath between words. To help replace shallow breaths with deep, relaxed inhalations that use my diaphragm, I stand with a pillow on my head, which falls if I wiggle around or jut my chin forward when speaking. Then I hold my thumb in front of my mouth, extend it toward an imaginary person I'm talking to, and visualize my voice following that path.
Phase Out the Fillers
Subconsciously dotting sentences with likes, ums, and ya-knows is very common…and unfairly or not can make people question your intelligence.
To see if you do it, record yourself during a phone conversation to see what words you toss in the mix without realizing it — or ask a trusted friend to be brutally honest with you.
My own five-minute recording shows I reflexively use like. The fix is easy: Replace your likes and ums with a breath. "Take the silent second to gather your thoughts instead of filling everything with a sound," Fletcher advises.
I try it, along with the other strategies Fletcher has taught me, and find that my colleagues no longer interrupt me or lose interest while I'm talking. Instead, they look at me like I have something important to say. And you know what? I do.
Photo Credit: Fox, Everett Collection, Getty Images


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This is something like a old school drum and bass track with the a possibility of looping. May be useful for some kind of jingle.
For Videohive & ActiveDen authors:
- Please, post back link of your work with my audio and I'll promote and add it into my profile page. Thanks.


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Man City's mercurial striker had one hell of a weekend. He set his rented $4.8 million house on fire after setting off fireworks in the bathroom. He scored the first two goals in a 6-1 thrashing of second place Manchester United at Old Trafford, Sir Alex's "worst ever" defeat. He drove through Manchester's City Centre, leaning out his Bentley convertible and high-fiving fans.
Now? He's the face of firework safety, urging fans to keep their Halloween and Bonfire Night celebrations restricted to organized and policed pyrotechnic displays.
Be safe. Be smart. Be like Mario.


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Heywood House Hotel4
No. 11 Fenwick Street, Liverpool, L2 7LS
Price FromView Rooms
- Very Good
- 449 guest reviews
"The location of this hotel was just what we were looking for in all spects as in distance from car parking,shops and all the local pubs...."
"2nd time here, love it, great value for money..."
"Great stay here. Loved the room and the bathroom was very luxurious with deep, free standing tub and large power shower. Bed was very comfor..."
"So I booked this hotel however being a sleep deprived first time mom I booked the hotel for the same night I was booking it I actually meant..."
"LightNight stay...."
About the hotel
Stay in the heart of Liverpool Carefully restored from what was the first bank in Liverpool, Heywood House Hotel combines original elegance with modern luxury. WiFi is free for guests to use, and there is a 24-hour front desk. Each air-conditioned room at Heywood House Hotel features tea/coffee making facilities, a luxurious en suite bathroom with complementary toiletries, a flat-screen TV.
Heywood House Hotel is in the Brunswick area of Liverpool and just over 10 minutes' walk from the Albert Dock, with its chic bars, restaurants and shops. St James Street Rail Station is only a 2-minute walk away. Liverpool Lime Street Station is 15' minutes walk away. Sightseeing tickets are also available at the hotel.
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Facilities Show/hide
- Main
- Hotel Non-Smoking Throughout, Disabled Facilities, Air conditioning in rooms, 24 Hour Reception, Safety Deposit Box, Tea/Coffee making facilities in each room, Hairdryer in each room, Iron And Board In Each Room, Telephone In Each Room, Wake Up Call Available, Lift to all floors, Public Air Conditioning
- Business
- Wi-Fi Available, In-room Broadband, Wi-Fi Available In Public Areas, Wi-Fi Available In Rooms
- In Room Entertainment
- TV, Satellite TV
- Accessibility
- Disabled Access Public Areas, Disabled Access Bedrooms, Disabled toilets on ground floor, Wheelchair Access, Wheelchair Access To Reception
- Leisure
- [Channels] News, [Channels] Music, [Channels] Childrens
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- From 15:00 hours
- By 11:00 hours
- Up to 8 years old
- The price shown is based on the occupancy and dates you have searched for. Prices and availability are subject to change based on the arrival date, number of nights and occupancy searched for. All prices are inclusive of all local taxes.
- Pets are not allowed
Customer Reviews
Our reviews are from genuine LateRooms.com customers. We verify that the customer has stayed before leaving a review.
Very Good
94% would recommend it to a friend
Customer service
Food quality
Room quality
Fantastic location
The location of this hotel was just what we were looking for in all spects as in distance from car parking,shops and all the local pubs....
Does not justify 4* rating
In no way does this hotel justify 4 stars and badly in need of a refurbishment.
Carpet outside lift on ground floor dirty and worn. Slight musty smell. Carpet in my room even worse. Badly marked and stained. Mould in shower. Air con not working so had to sleep with window open. Little chance of sleep with normal late night /early morning city centre noise.
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News & Announcements
Watch this space for all your event news and announcements!
Charlotte Convention Center, Charlotte, NC
May 23, 2019 | 6:00 p.m.
Contact: Suzanne Bland
704-567-2912 | firstname.lastname@example.com
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When you raise money for or donate to MDA, you'll fund researchers working to find breakthroughs across diseases and uncover treatments and cures. Your contribution will also give kids and adults living with muscular dystrophy, ALS and related muscle-debilitating diseases the care they need from the moment of diagnosis, and will empower families with life-enhancing resources and support. Programs like MDA summer camp, support groups for families, and equipment assistance are all ways MDA uses the money you raise to make a meaningful impact.
Watch this space for all your event news and announcements!


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hi! this is my first post. i am a member of another pit fourm and i have asked this question over there, but i havent had a good response so far...
just a few words about tibby: is a year old, she can be on the hyper side (mostly due to her age), she is kennel trained (and extremely well manned while crated), she is calm, well mannered and low key. there is nothing i am concerned about behavior wise with her. shes the perfect girl!
i have to opportunity to possibly take a month off work and go back home to visit my family (who is miss dearly)! only one problem: i would be flying with tibby from los angeles to atlanta (4 hour flight there, almost 5 hours back)!! there is NO WAY IN HELL i am leaving her behind; i would eat myself alive without her!
please please please, give me your thoughts and ideas about traveling coast to coast with her. i have no idea what to expect with airlines; i dont even know if they are safe! i really dont want to deal with any sort of pet shipping company; unless someone knows of a good one.
im stuck..please help!
airlines do not let dogs in the cabin unless they are 6 weeks or younger, correct? when calling airlines, i will have to tell them she is a pit bull? do they frown upon that? any other specific questions i should ask?
any and all help/suggestions/advice/etc is greatly appreciated!
amanda and tibby girl


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Thanks in large part to the phenomenon of Barack Obama's presidential campaign, 2008 was known as the year of the small donor. While Barack Obama can't called it's herald, his decision to accept, if not embrace, the reality of super PACs suggests that the 2012 presidential election -- the first post-Citizens United presidential election -- may become known as the Year of the Super PAC. (There's word that even Occupy Wall Street could get a super PAC.) Maybe. But that barely scratches the surface. So far, the 2012 race suggests that behind every successful candidate is a well-funded super PAC. And behind every power well-funded PAC is an even more powerful backer with very deep pockets. Take a closer look, and bigger story is that 2012 election may turn out to be The Year of the Billionaire.
2012: The Year of the Billionaire
In 2008, candidate Obama turned down "$85 million in no-strings-attached money," and went on to raise (and spend) $640 million from private donors. This year, President Obama is outpacing his 2008 record for raising money from small donors. In the interim, the Supreme Court's Citizens United ruling opened the door to anonymous, unlimited corporate campaign contributions. Now, in a reversal of his 2008 policy, President Obama has
Sure, super PACs get money from "little guys" too -- small donors who give anywhere from $5 to $100. But, almost all super PAC money comes in contributions of $100,000 or more, from about 196 individuals. As Ari Berman pointed out, "the super PACs on both sides of the aisle are financed by the 1% of the 1." That means billionaires, and the new rule of American politics seems to be that every candidate that's going to have a shot at winning, or just getting his or her message out, should have one. And in 2012, most of them -- even those will little change of even winning a primary race -- do.
- Mitt Romney's campaign took in nearly $7 million last month, but $5 million it came from just 25 individuals and "corporate persons" who gave between $100,000 and $500,000; like hedge fund billionaire Bruce Kovner and Texas billionaire Harold Simmons. Easy enough for a guy who's worth $4.5 billion.
- Simmons has practically gone a right-wing spending spree. In addition giving $5 million to Karl Rove's American Crossroads super PAC last month, Simmons has poured $7 million in to the group in the past year. According to Politico, on top of the $100,000 given to Romney's super PAC, Simmons gave $1 million to Newt Gingrich's super PAC, and gave another $1 million to Perry's super PAC before the governor called it quits.
- Casino mogul Sheldon Adelson has poured $11 million in to Newt Gingrich's super PAC. Sounds like a lot, but it's chump change for a guy who earns $3.3 million an hour. It's not even a full day's work. Not even close. Now that he's cut off Newt's allowance, Adelson may give some spare change to Mitt Romney's super PAC.
- Mutual fund billionaire Foster Friess may be a lose cannon on the issue of contraception, but he's given $1 million to Rick Santorum's super PAC, and supplied 40% of its funding as of December 31.
- PayPal founder Paul Thiel may have little faith in the political process, but he gave Ron Paul's super PAC a $1.7 million "money bomb" in January, instead of pouring it into a scholarship encouraging students to drop-out of college.
Depending on whom you ask, President Obama's decision to encourage donations to his own super PAC is either a sad reflection of the state of politics, or a pragmatic decision to "bring a gun to a gun fight." (Being caught flat-footed when attacked by a Koch-funded super PAC may have been the tipping point.) The president has been accused of using Republicans' rhetoric to justify the move. If so, there's a bit more urgency on the president's part. Republicans claim their use of super PACs stems from a fear of facing an incumbent Obama with a $1 billion war chest. In January, before the president's change of heart, Obama's super PAC raised a mere $59,000, compared to the Republican hauls listed above.
The urgency on the president's part has its match in the irony of the GOPs position the age of super PACs. After all their breast-beating about "fiscal responsibility" and the evils of "dependency," all the major Republican presidential campaign have become dependent upon super PACs and their billionaire backers as a result of excessive spending.
Weeks of intense campaigning in the early nominating states have left the leading Republican presidential candidates increasingly dependent on millions of dollars spent on their behalf by outside "super PACs," reports filed with the Federal Election Commission on Monday showed.
Mitt Romney's campaign spent close to $19 million during January, almost three times as much as the $6.5 million he raised. He ultimately won two states, New Hampshire and Florida, and ended the month with less than $8 million in cash on hand. Newt Gingrich raised nearly as much, $5.6 million, and spent close to $6 million.
Rick Santorum, who enjoyed a surge of grass-roots donations after being declared the victor in Iowa, raised $4.5 million, as did Representative Ron Paul of Texas. The amounts still leave Mr. Romney in the lead, but no longer in a class by himself.
…The spending reports revealed the breadth and power of super PACs as the campaign hits a critical and perhaps decisive period, with outside groups poised to pick up a growing share of political spending during the costly primary battle that lies ahead.
(In fact, Barack Obama's biggest boon in 2012 may be Romney's tendency to burn through money and donors.)
The breadth and power of the super PACs is due in large part to the power of their billionaire backers like Adelson, Friess, Kovner, Simmons, Friess, Thiel. After all, their money has given life to campaigns and candidates that might not have otherwise gotten this far -- most recently, a front runner who can't get the GOP base and an insurgent who can't get beyond the GOP base.
What makes an otherwise utterly un-relatable candidate a front runner? What can take a candidate who lost his last election by 19% from punch line to possibility? Other people's money. Look at the way that these guys spread their considerable wealth around -- a few hundred thousand dollars here, a million there -- and you could be forgiven for thinking it looks like their betting on politics the way one might bet on horse races. (Though the GOP's billionaire backers may have been betting on a brokered convention all along.)
It wasn't for nothing that Robert Borosage called super PACs the derivatives of politics. The way their spread their money and shift their loyalties between candidates, that makes it clear that these guys aren't gamblers. They're investors, which means they expect returns.
Have you heard of William Dore, Foster Friess, Sheldon Adelson, Harold Simmons, Peter Thiel, or Bruce Kovner? If not, let me introduce them to you. They're running for the Republican nomination for president.
I know, I know. You think Rick Santorum, Newt Gingrich, Ron Paul, and Mitt Romney are running. They are - but only because the people listed in the first paragraph have given them huge sums of money to do so. In a sense, Santorum, Gingrich, Paul, and Romney are the fronts. Dore et al. are the real investors.
…Bottom line: Whoever emerges as the GOP standard-bearer will be deeply indebted to a handful of people, each of whom will expect a good return on their investment.
And this is just the beginning. We haven't even come to the general election.
If current trends continue, come the general election we see a billionaire-brokered convention yield to a billionaire-run democracy.
When all is said and done, this race for the White House may cost more than two billion dollars. What's getting trampled into dust are the voices of people who aren't rich, not to mention what's left of our democracy. As Democratic pollster Peter Hart told The New Yorker magazine's Jane Mayer, "It's become a situation where the contest is how much you can destroy the system, rather than how much you can make it work. It makes no difference if you have a 'D' or an 'R' after your name. There's no sense that this is about democracy, and after the election you have to work together, and knit the country together."
These gargantuan Super PAC contributions are not an end in themselves. They are the means to gain control of government - and the nation state -- for a reason. The French writer and economist Frederic Bastiat said it plainly: "When plunder becomes a way of life for a group of men living in society, they create for themselves, in the course of time, a legal system that authorizes it and a moral code that glorifies it." That's what the Super PACs are bidding on. For the rest of us, the ship may already have sailed.
Earlier this month, I wrote that Citizens United basically had the effect of uniting the 1 percent. With each FEC filing report, it becomes clear that that the 1 percent is uniting for a purpose.img src
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A consensual foreclosure agreement that was finalized Wednesday shifted full control to U.S. Bank, which was the trustee representing the lenders on the oceanside property.
DAYTONA BEACH — The Hilton Daytona Beach Oceanfront Resort, the Volusia-Flagler area's largest hotel, has a new owner.
A consensual foreclosure agreement that was finalized Wednesday shifted full control to U.S. Bank, which was the trustee representing the lenders on the oceanside property.
General Electric, which bought the 744-room hotel in 2007 for $142 million, lost its ownership through the foreclosure action that had been in the works since the end of 2011.
Jason Reader, the Hilton's general manager, said the transfer of ownership to U.S. Bank was precisely the outcome he had been expecting and that it should mean good things for the hotel, which will continue to be managed by Boston-based Pyramid Hotel Group.
"It's business as usual," Reader said Wednesday. "It's the same manager, the same employees, people are still checking in and now there could be help with capital investment. We're not shutting down."
Interested buyers had a chance to purchase the hotel during an online auction that began at 11 a.m. Wednesday, but Reader said he was not aware of any bidders stepping forward. U.S. Bank, on behalf of the property's lenders, had been seeking to recoup nearly $114 million owed on the property at 100 N. Atlantic Ave.
The hotel's assessed value is $43.5 million, according to the Volusia County Property Appraiser's website.
"A bid probably would not have been accepted unless it was highly astronomical," Reader said.
Having U.S. Bank at the helm should prove to be "a very positive thing down the road," Reader said.
"It'll allow us to maintain capital improvements and continue to invest in the property," he said. Reader, in an interview last week, said the hotel is set to undergo a $20 million renovation next year.
With the foreclosure now completed and U.S. Bank now in control, the bank could decide at some point to sell the Hilton. But Reader said "they told us they intend to own it for a while."
Local real estate observer Claude Gardner, the broker at Prudential Commercial Real Estate Services in Daytona Beach, said he's not surprised by the way things worked out for the Hilton and he thinks it will be good for the hotel.
"They had to get the debt down, and that was the only way to do it," Gardner said.


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This evening Google announced its newest social media service, called Google Buzz.
The much talked about new system takes your Google email, address book and instant messenger and gives them social features such as those found in Twitter. On its blog post announcing the launch of Google Buzz, it is described as "a way to start conversations about the things you find interesting and share updates, photos, videos and more."
Reactions from watchers have been varied. Some are saying it will be the Twitter/Facebook/Foursquare/Friendfeed killer. Others say it's Google's play on reorganising the world of email. Some say it will be bridge a gap to Googe Wave.
I'm thinking some initial thoughts and key issues though for PR and marketing practitioners who may want to have a top line view on what this new launch means and how much time to invest in looking at how it should be treated. Here are five first takes from me whilst I devour the launch 'buzz' and have a play with the service myself:
1. Google Buzz will integrate very nicely with mobile phones and maps. So this will further impact mobile social networking and online communities on the go. This could affect events PR and marketing quickly
2. It will be easy to use (where many say Twitter isn't). Google Buzz has already been described as something so simple 'your mother' would use it, according to one watcher I'm following
3. Search engines will find content much more easily than with content on Twitter. For brands this is a reputation management issue
4. For PR people, the address book has always been valuable. Whatever your current email address book is, exporting it into Gmail as well will create an instant social network
5. There will be an 'enterprise' version of Google Buzz coming soon. This will change the way internal communications works as well (and might thwn also create the Yammer.com killer)


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Yellowstone National Park Finalizes New Winter Use Plan
Yellowstone National Park has a new winter use plan.John Wessels, the National Park Service Intermountain regional director, signed a Record of Decision on Thursday for the Winter Use Plan/Supplemental Environmental Impact Statement.
"This winter use plan is the product of hundreds of hours of public involvement, is based on sound science, and is a different approach to winter use management," said Yellowstone superintendent Dan Wenk in a press release.
The 2013/2014 winter season will be a transition year during which the park will allow OSV under the same conditions in place for the past four winters. The one-season transition period will also allow time for the NPS to advertise and award concession contracts and for commercial tour operators to prepare for the shift to management by transportation events.
Beginning with the 2014/2015 winter season, a fixed maximum number of vehicles allowed in the park each day will be replaced with a new, more flexible concept of managing vehicle access by transportation events, defined as one snowcoach or a group of up to 10 snowmobiles, averaging seven seasonally. Commercial tour operators will be able to use their allocated transportation events for snowmobiles, snowcoaches, or a mix of both, as long as no more than 50 of the authorized 110 daily transportation events make use of snowmobiles.


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No. 92,841
K.S.A. 44-510d and K.S.A. 44-510e are analyzed and applied.
Appeal from the Workers Compensation Board. Opinion filed May 27, 2005. Affirmed in part, reversed in part, and remanded.
Douglas M. Greenwald and Gregory D. Worth, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, for the appellant.
J. Joseph Seiwert, of Snider & Seiwert, L.L.C., of Wichita, for the appellee.
Before JOHNSON, P.J., PIERRON, J., and BUKATY, S.J.
PIERRON, J.: IBP, Inc., now known as Tyson Fresh Meats, Inc. (Tyson) appeals the award of work disability given to Teresa J. Mathena resulting from injuries she received while working at Tyson. Tyson argues Mathena should have been compensated using two scheduled injuries, not an award for permanent partial disability, and that she was not entitled to compensations for injuries to her right elbow that were diagnosed after termination of her employment.
Mathena began working for Tyson in 1991. Her job was trimming contamination off cattle carcasses. In this position, Mathena repetitiously sharpened a knife, used a hook, and twisted and reached from the ground level to above her head for up to 8 hours per day in cold temperatures.
Mathena had previously filed workers compensation claims. In 1995, she had anterior acromioplasty and coraco-acromial release surgery on her right shoulder and received permanent partial disability benefits for her injuries. Mathena also filed and settled workers compensation claims for bilateral carpal tunnel syndrome and low back injuries.
On June 21, 2000, Mathena filed a workers compensation claim for injuries to her bilateral upper extremities and shoulders due to repetitive overuse while performing her normal job duties. The parties stipulated to an accident date of October 7, 2000. Mathena reported to her supervisors the pain she was having while trimming carcasses, and thereafter she received medical treatment from Dr. Michael P. Estivo, Dr. Jeffrey T. MacMillan, Dr. Lynn D. Ketchum, and Dr. James N. Glenn.
Tyson accommodated Mathena during her medical treatment, allowing her to perform a light duty job of labeling and later a temporary job of general monitoring and inspection of the carcass trimming. Her last day of work was June 10, 2002. Tyson placed Mathena on a leave of absence because they could not accommodate her restrictions and paid temporary total disability until she was released from medical treatment. On June 21, 2002, 11 days after her last day of work at Tyson, Dr. Vito Carabetta examined Mathena and diagnosed moderately severe right cubital tunnel syndrome.
Dr. Ketchum, the independent medical examiner, conducted two examinations of Mathena. The first examination occurred in May 2001 while Mathena was undergoing treatment and still working at Tyson. Dr. Ketchum's second independent medical examination occurred in June 2003. Dr. Ketchum concurred in Dr. Carabetta's diagnosis of severe cubital tunnel syndrome in Mathena's right elbow. Dr. Ketchum testified that Mathena's right shoulder injury was an aggravation of her injuries that necessitated surgery in 1995. However, Dr. Ketchum was unable to determine what portion of her impairment rating would be attributable to the aggravation since her surgery in 1995. Dr. Ketchum assigned 30% permanent impairment rating to the right upper extremity and 6% to the left shoulder, for a combined rating of 21% permanent impairment to the body as a whole. The rating included 20% impairment for the cubital tunnel syndrome of the right upper extremity, 5% for loss of grip strength, and 5% for the capsule adhesions following the first right shoulder surgery.
Mathena retained Dr. Pedro A. Murati to examine her in January 2003. Dr. Murati diagnosed myofascial pain syndrome affecting bilateral shoulders and cervical spine, bilateral medial and lateral epicondylitis and tendinitis, tenyosynovitis of right fourth and fifth digit and left first digit, and pain in both wrists with crepitus and mild instability. Dr. Murati rated Mathena's permanent partial impairment as 28% to the body as a whole, which included the impairment of the right shoulder, as a result of her injuries and physical condition.
The administrative law judge (ALJ) based his opinion on the report filed by Dr. Ketchum. The ALJ determined that Mathena was entitled to a 7% functional impairment rating for the undisputed injury to her left shoulder and decreased grip strength in her right upper extremity, but he found Mathena's cubital tunnel syndrome most likely developed after the stipulated date of the accident and was diagnosed after the claimed date of accident. The ALJ found Mathena also failed to prove that she developed additional impairment in her right shoulder as the result of her job duties. The ALJ found that since Tyson terminated Mathena, she was entitled to work disability.
The ALJ found Mathena made a good faith effort to find employment and was entitled to 47% wage loss through the period Tyson paid benefits and then 53% wage loss thereafter. The ALJ gave equal credence to both task loss evaluations and settled on an 52.50% task loss. The ALJ awarded permanent partial disability of 49.75 % and 52.75%, the former again being the period when Tyson paid benefits.
Tyson appealed the ALJ's award arguing, inter alia, that Mathena's recovery was limited to 2 separate scheduled injuries as rated by Dr. Ketchum and foreclosed any claim for work disability. Mathena argued that the ALJ erred in failing to award compensation for the cubital tunnel in her right elbow and also for shoulder complaints that were caused by her work. The Workers Compensation Board (Board) affirmed the ALJ's award regarding the permanent work disability. The Board found overwhelming evidence that Mathena suffered a bilateral upper extremity injury while working at Tyson and that Tyson was applying a far too narrow interpretation requiring identical injuries to parallel limbs in order to award work disability. The Board disagreed with the ALJ's rejection of impairment for cubital tunnel syndrome. The Board found Mathena's cubital tunnel syndrome was a repetitive injury that manifested itself or was diagnosed after she was terminated from Tyson. The Board included the cubital tunnel condition and determined that Mathena had an impairment of 19% to the body as a whole. The Board found Tyson failed to prove preexisting impairment to Mathena's right shoulder and also that the average of the task loss evaluations was actually a 61.5% task loss.
Tyson appeals.
Tyson argues the Board erred in holding that Mathena was entitled to work disability. Based on Pruter v. Larned State Hospital, 271 Kan. 865, 26 P.3d 666 (2001), Tyson contends Mathena should be compensated under the scheduled injury statute, K.S.A. 44-510d, which would compensate Mathena only for the functional impairment to each injured limb instead of awarding compensation as a whole body injury pursuant to K.S.A. 44-510e.
The issue regarding scheduled injuries requires this court to interpret and apply the scheduled injury statute, K.S.A. 44-510d, of the Kansas Workers Compensation Act (Act), K.S.A. 44-510 et seq., and various cases interpreting and applying that provision. Interpretation of a statute is a question of law which an appellate court must review de novo. Hamilton v. State Farm Fire & Cas. Co., 263 Kan. 875, 879, 953 P.2d 1027 (1998).
The interpretation of a statute by an administrative agency charged with the responsibility of enforcing that statute is entitled to judicial deference. Auten v. Kansas Corporation Comm'n., 27 Kan. App. 2d 252, 254, 3 P.3d 86, rev. denied 269 Kan. 931 (2000). When the agency is one of special competence and experience, its interpretation of a statute may be entitled to controlling significance. If there is a rational basis for the agency's interpretation, it should be upheld on judicial review. In re Application of Zivanovic, 261 Kan. 191, 193, 929 P.2d 1377 (1996). If an administrative body's interpretation is erroneous as a matter of law, the court should take corrective steps. McTaggart v. Liberty Mut. Ins., 267 Kan. 641, 645, 983 P.2d 853 (1999).
The key dispute in this case is whether Mathena has simultaneous scheduled injuries to two limbs within the statutory injuries calculations in K.S.A. 44-510d or whether the injuries transfer as nonscheduled injuries to the whole body under K.S.A. 44-510e. The statute applicable to scheduled injuries provides in relevant part:
"(a) Where disability, partial in character but permanent in quality, results from the injury, the injured employee shall be entitled to compensation provided in K.S.A. 44-510h and 44-510i and amendments thereto, but shall not be entitled to any other or further compensation for or during the first week . . . . Thereafter compensation shall be paid for temporary total loss of use and as provided in the following schedule . . . .
. . . .
"(13) For the loss of an arm, excluding the shoulder joint, shoulder girdle, shoulder musculature or any other shoulder structures, 210 weeks, and for the loss of an arm, including the shoulder joint, shoulder girdle, shoulder musculature or any other shoulder structures, 225 weeks.
. . . .
"(21) Permanent loss of the use of a finger, thumb, hand, shoulder, arm, forearm, toe, foot, leg or lower leg or the permanent loss of the sight of an eye or the hearing of an ear, shall be equivalent to the loss thereof. For the permanent partial loss of the use of a finger, thumb, hand, shoulder, arm, toe, foot or leg, or the sight of an eye or the hearing of an ear, compensation shall be paid as provided for in K.S.A. 44-510c and amendments thereto . . . ."
. . . .
"(b) Whenever the employee is entitled to compensation for a specific injury under the foregoing schedule, the same shall be exclusive of all other compensation except the benefits provided in K.S.A. 44-510h and 44-510i and amendments thereto, and no additional compensation shall be allowable or payable for any temporary or permanent, partial or total disability . . . ." K.S.A. 44-510d.
Thus, a scheduled injury includes compensation for the complete loss of the scheduled member and the permanent partial loss of use of the member. K.S.A. 44-510d(a)(21). With scheduled injuries, compensation is based on the schedule rather than based on the individual's loss in earning power. Stephenson v. Sugar Creek Packing, 250 Kan. 768, 771, 830 P.2d 41 (1992).
Temporary or permanent partial disabilities due to unscheduled injuries are calculated under K.S.A. 44-510e. This section defines a "[p]ermanent partial general disability" as one where the employee "is disabled in a manner which is partial in character and permanent in quality and which is not covered by the schedule in K.S.A. 44-510d and amendments thereto." K.S.A. 44-510e(a). If an injury is determined to be an unscheduled injury, it typically leads to a larger award. Kansas Workers Compensation Handbook § 11.01, p. 11-1 (rev. ed. 1990).
The occurrence of simultaneous scheduled injuries provides another wrinkle in the analysis of whether the injuries should be compensated according to the schedule statutes. The most recent case on the simultaneous scheduled injuries is Pruter, where our Supreme Court clarified existing law concerning whether injuries to more than one body member should be treated as two separate scheduled injuries or as a single whole body disability. 271 Kan. at 872. Pruter fell and simultaneously broke her right wrist and her right ankle. The Board affirmed the ALJ, who found Pruter sustained a 6% permanent impairment to her "right upper extremity" and a 7% permanent impairment to her "right lower extremity," which combined equaled a 7% functional impairment to the body as a whole. The Court of Appeals reversed the Board's decision and found that compensation should have been awarded based upon two separate scheduled injuries under K.S.A. 44-510d, and the Supreme Court agreed. See 271 Kan. at 867, 876.
The Pruter court conducted an extensive review of the case law beginning with Honn v. Elliott, 132 Kan. 454, 295 Pac. 719 (1931), holding that simultaneous injuries to parallel members allows for an award of permanent partial disability benefits. 271 Kan. at 869-72. The Pruter court held that when simultaneous injuries cause substantial impairment to parallel limbs then disability should be calculated based on a whole body injury; however, if all these criteria are not met, then the disability should be calculated as two separate scheduled injuries. 271 Kan. at 872-73.
The Pruter court also set forth the rule and exception regarding scheduled injuries:
"Regardless, the scheduled injury statute, K.S.A. 44-510d, is not an exception to K.S.A. 44-510e, which relates to general disabilities. As the respondent points out, the scheduled injury statute precedes the general disabilities statute. Also, the clear language of K.S.A. 44-510e belies any question that scheduled injuries are the general rule:
'(a) . . . [E]xcept that in case of temporary or permanent partial general disability not covered by such schedule, the employee shall receive weekly compensation as determined in this subsection . . . . Permanent partial general disability exists when the employee is disabled in a manner which is partial in character and permanent in quality and which is not covered by the schedule in K.S.A. 44-510d and amendments thereto.'
"Thus, K.S.A. 44-510d states the general rule for injuries to scheduled members, and the Honn rule is the exception. If any rule is to be narrowly construed, it must be the exception created in Honn." 271 Kan. 873.
Further, the Pruter court noted K.S.A. 44-510c creates a rebuttable presumption that loss of parallel members results in a permanent total disability. This presumption is rebutted by evidence the injury does not meet the definition of permanent total disability. 271 Kan. at 875. To be permanently and totally disabled, an employee because of his or her injury must be permanently and completely "incapable of engaging in any type of substantial and gainful employment." K.S.A. 44-510c(a)(2). Pruter was able to return to the same work and for comparable wages. The Pruter court held the presumption was rebutted and that disability benefits were to be awarded based on two separate scheduled injuries and not as a permanent whole body disability. 271 Kan. at 875-76.
In the case at bar, the ALJ found simultaneous injuries to Mathena's left shoulder and right hand, and the Board found simultaneous injuries to her left shoulder and right hand and elbow. The Board rejected Tyson's argument that in order for the Honn exception to apply there must be an identical parallel limb impairment:
"Respondent offers Pruter for the proposition that absent identical parallel limb impairment, an injured employee's recovery is limited to that set forth under the schedule in K.S.A. 44-510d. Under this set of facts, claimant has a variety of physical complaints and impairments to both upper extremities, with evidence that at least some of her right shoulder complaints pre-dated the period covered by this claim. Respondent argues 'claimant's left shoulder injury and decreased grip strength in her right hand are clearly not 'parallel limbs' for purposes of invoking K.S.A. 44-510c(a)(2) and permanent partial disability.
"The Board has considered respondent's argument and believes it to be a far too narrow interpretation of the Pruter rationale. In this instance, the overwhelming evidence shows that claimant has suffered a bilateral upper extremity injury while working for respondent. Although Pruter speaks of parallel limbs, that does not, in the Board's view, necessarily mean identical parallel limbs or joints or resulting symmetrical injuries. The application of the statutory schedule to each individual employee's injury is to be done on a case-by-case basis. In the instant case, the Board finds that the claimant has sustained a general bodily disability as a result of her work-related injuries which, for purposes of calculation, is October 7, 1999, the stipulated date of accident."
We find the Board has misapplied the statutes regarding worker compensation injuries in light of Pruter. The Supreme Court has specifically stated: "K.S.A. 44-510d states the general rule for injuries to scheduled members, and the Honn rule is the exception. If any rule is to be narrowly construed, it must be the exception created in Honn." Pruter, 271 Kan. 873. The Board's interpretation of the Honn simultaneous injury rule is not being applied in a narrow manner. Rather, the Board's holding is a liberal interpretation that makes the scheduled injuries the exception rather than the rule. Additionally, K.S.A. 44-510d(a)(11) and (13) distinguish between the injuries in this case: injury to arm, including shoulder - 225 weeks; injury to arm, excluding shoulder - 210 weeks; and injury to hand - 150 weeks.
Pruter applies in this case. We agree with Tyson that Mathena's injuries to her left shoulder and to her right hand and elbow are more similar to the scheduled injuries in Pruter, right arm and right leg, than they are to the injuries to the employee's feet in Honn and similar parallel injuries in the Honn prodigy. We do not find the Board's rationale of parallel injuries to upper right extremities is sufficient simultaneous injuries to except this case from the schedules of injuries in K.S.A. 44-510d. Under the facts of this case, Mathena's injuries do not constitute injuries to parallel members. The Board's award of work disability is reversed, and the Board is ordered to determine Mathena's injuries under K.S.A. 44-510d.
Tyson also argues the Board erred in awarding compensation to Mathena for injuries to her right elbow as a result of cubital tunnel syndrome. Tyson argues the injuries were not diagnosed or treated during Mathena's employment and that symptoms of cubital tunnel syndrome appeared only after a lengthy period of light-duty employment.
Whether the Board's findings of fact are supported by substantial competent evidence is a question of law. Webber v. Automotive Controls Corp., 272 Kan. 700, 703-04, 35 P.3d 788 (2001). Substantial evidence in workers compensation cases is evidence that possesses something of substance and relevant consequence and carries with it fitness to induce the conclusion that the award is proper or furnishes a substantial basis of fact from which the issue raised can be reasonably resolved. The appellate court reviews the evidence in the light most favorable to the prevailing party and does not reweigh the evidence or assess the credibility of the witnesses. Neal v. Hy-Vee, Inc., 277 Kan. 1, 16-17, 81 P.3d 425 (2003).
We find there is substantial competent evidence to support the Board's finding that Mathena suffered work-related injuries in the form of cubital tunnel syndrome during her employment at Tyson. In repetitive injury cases, the injury can occur before the condition has manifested itself. See Depew v. NCR Engineering & Manufacturing, 263 Kan. 15, 27, 947 P.2d 1 (1997). Dr. Carabetta diagnosed Mathena's condition 11 days after she was terminated from Tyson. Tyson is correct that Mathena had been on light-duty accommodated work for the nearly a year before her termination and during that time did not perform activities that would have caused cubital tunnel syndrome. However, equally true is the fact that for nearly 10 years her job of trimming contamination off cattle carcasses forced her to repetitiously sharpen a knife, use a hook, hold the knife and hook, and twist and reach from the ground level to above her head for up to 8 hours per day in cold temperatures. Dr. Ketchum testified that given Dr. Carabetta's diagnosis of cubital tunnel syndrome in relation to her termination, the condition was in existence during the time she was working at Tyson.
Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.
JOHNSON, J., dissenting: I agree with the majority's ruling that substantial competent evidence supported the Board's finding of a work-related injury to Mathena's right elbow. I disagree with the majority's conclusion that Mathena's simultaneous injuries, resulting in the partial loss of use of both arms, is not compensable as a disability to the body as a whole.
The majority appears to find that the parallel limb simultaneous injury rule propounded in Honn v. Elliott, 132 Kan. 454, 295 Pac. 719 (1931), and its progeny survives the Supreme Court's decision in Pruter v. Larned State Hospital, 271 Kan. 865, 26 P.3d 666 (2001), when it states that "[t]he Pruter court held that when simultaneous injuries cause substantial impairment to parallel limbs then disability should be calculated based on a whole body injury." I read Pruter as departing from an emphasis on the parallelism of the injuries.
The Pruter opinion specifically discussed Wammack v. Root Manufacturing Co., 184 Kan. 367, 336 P.2d 441 (1959), where simultaneous injuries to both thumbs were compensated as two scheduled injuries. Pruter noted that Wammack distinguished Honn based upon the body part involved. Specifically, in Honn, R.S. 1923, 44-510(3)(a) (1930 Supp.) "made compensation for dual injuries to the feet compensable 'on the basis of total disability,'" whereas in Wammack the injured thumbs were not included in that statutory provision on total disability. (Emphasis added.) Pruter, 271 Kan. at 870. Subsequently, the court observed that the Supreme Court had "consistently found that two simultaneous scheduled injuries do not necessarily result in a whole body disability" and that "[t]he statutory schedule does not purport to provide compensation for two of any one body part, except both ears." 271 Kan. at 875.
As the majority notes, Pruter discussed and interpreted the 1959 amendment to the total disability statute, K.S.A. 44-510c(a)(2), which provides in relevant part: "Loss of both eyes, both hands, both arms, both feet, or both legs, or any combination thereof, in the absence of proof to the contrary, shall constitute a permanent total disability." (Emphasis added). Pruter found that "the legislature intended that the combined loss of any of the listed members (eye, hand, arm, foot, leg) raises a presumption that the injured worker suffered permanent total disability." 271 Kan. at 875. The opinion went on to find that the proof of the relatively minor nature of Pruter's injuries, i.e., 7% functional impairment to the body as a whole, together with evidence that she returned to her former position earning a comparable rate of pay, obviously constituted proof that Pruter was not suffering a permanent total disability, as that condition is defined in K.S.A. 44-510c(a)(2). 271 Kan. at 875-76.
Thus, the Pruter opinion seems to suggest that dual injuries to body parts contained in the schedules are to be compensated according to the applicable K.S.A. 44-510d schedules unless both injured body parts are listed in K.S.A. 44-510c(a)(2), i.e., an eye, hand, arm, foot, or leg. If both injured body parts are listed in K.S.A. 44-510c(a)(2), then the worker is presumed to be permanently and totally disabled, in the absence of proof to the contrary. However, if there is evidence contradicting that the worker has been rendered "completely and permanently incapable of engaging in any type of substantial and gainful employment," as required for permanent total disability under K.S.A. 44-510c(a)(1), then we return to the schedules to calculate compensation rather than analyzing the circumstances as a permanent partial disability.
Obviously, the legislature's intent was to remove from the schedules dual, simultaneous injuries resulting in the loss of both arms. Those injuries are sent to the arena of whole body disability by establishing a presumption of permanent total disability. One might find it counterintuitive to say that the legislature intended to send the injuries back to the schedules, if there is evidence that the impairment is slightly less than total. Once the focus has shifted to a whole body impairment analysis, it is more logical to remain there, even if the disability falls short of total. Further, analyzing the less than total disability occasioned by the loss of both arms under the permanent partial disability statute provides for a differentiation between the slightly impaired Pruter and the much more seriously disabled Mathena. The schedules would apparently treat them the same.
Notwithstanding the foregoing editorialization, we are duty bound to follow Supreme Court precedent. See Pruter v. Larned State Hospital, 28 Kan. App. 2d 302, 312, 16 P.3d 975 (2000), aff'd 271 Kan. 865, 26 P.3d 666 (2001). Therefore, if Pruter abrogates the Honn rule, which the opinion's rationale appears to do, the majority would be correct in its result. However, Pruter does not say that it is overruling Honn, but, to the contrary, specifically says that the Honn rule of exception to scheduled compensation is to be narrowly construed. Pruter, 271 Kan. at 873. Presumably, if we are to narrowly construe the Honn rule, it must still retain some viability. Under that rule, the Board should be affirmed.
I simply disagree with the majority's conclusion that Mathena's injuries to her left shoulder and right hand and elbow are more akin to Pruter's right arm and right leg injuries than to Honn's injuries to both feet. The majority suggests that Mathena's left shoulder injury and her right elbow and hand injuries are not injuries to parallel limbs. One would perceive that it makes scant difference to Mathena that she cannot perform work with her right arm because of an elbow injury and cannot perform work with her left arm due to a shoulder injury. The bottom line is that she has lost the use of both arms. Perhaps one can perceive of a work task that could be performed by an arm impaired by an elbow and hand dysfunction which could not be performed by an arm impaired at the shoulder, but none comes readily to mind.
The majority is persuaded by the distinction in the scheduled compensation between arm loss that includes the shoulder joint and one that does not include the shoulder. See K.S.A. 44-510d(a)(13). The schedule, however, contemplates a single injury. As Pruter suggested, the schedules do not purport to provide compensation for two of any one body part, such as arms. See 271 Kan. at 875. Where the statutes talk about dual injuries, reference is made to the loss of two arms, without distinguishing whether the use loss is caused by the shoulder joint or the elbow joint. See K.S.A. 44-510c(a)(2). The majority's narrow interpretation of the Honn rule as requiring the loss of use of parallel joints, rather than limbs, circumvents rather than effectuates the policy and intent of the legislature. I would affirm the Board.


text:
If there's one turn of phrase guaranteed to set alarm bells ringing, it is the presence of the word 'concept' before 'album'. Preconceived narratives can not only weigh an album down, removing the ability of the listener to interpret and take ownership, but also place the record within a context in which it must constantly justify itself. It is lucky, then, that Travis Stewart's second release under his Machinedrum moniker avoids most of usual pitfalls.
Vapor City is a fictional metropolis visited regularly in Stewart's dreams, and each of the ten tracks represents a specific district within the city. But the album is essentially saved from its concept, as the music doesn't really lend itself to this description.
Continuing in the vein of his previous work as Machinedrum, 2011's Rooms, and very much on trend with the hybrid between late Nineties gritty urban dance music, house and melodic downtempo, Vapor City occupies that territory between nostalgic and contemporary. As you would expect from a Travis Stewart release, whether it be solo or as one half of Sepalcure or JETS, percussion plays a prominent role, around which the rest of the music is built.
It begins with 'Gunshotta', one of the few tracks on the record that packs a punch big enough for a dancefloor. Starting with melancholic vocals reminiscent of Burial and splashes of synth, it breaks down into a jungle-y stomper complete with rough ragga vocals and a bass drop. However, as with the rest of the record, the temptation to go all out with a punch to the diaphragm is resisted. It serves as a hook for the album, but almost a false start, as from hereon in the energy slips and doesn't really pick up again until 'Rise N Fall', where the dreamy refrain of "rise and fall" is wedded with harsh drums and the return of dancehall vocals.
The charm of Vapor City lies in Stewart's ability to combine frenetic percussion with highly emotive sweeping melody like a particularly pleasing cocktail of uppers and downers, providing a nervous energy to the otherwise ethereal wooze. On track two, 'Infinite Us', a series of piano flourishes repeat throughout the song, continually stretched out and shattered and formed again, joined by distant dreamy vocals, all set on top of lashes of hi-hat and bass drone. Likewise, 'Don't 1 2 Lose U' has all the ingredients to be a dancefloor hit, but instead has an otherworldly semi-conscious quality as the distant, reverb-laden R'n'B vocals and melodic drone gently hold it back.
In other places Stewart veers slightly off course into newish territory, with the saccharine-sweet hip-hop vibes of 'Center Your Love', The Field-like 'SeeSea', and 'U Still Lie' which belongs in the Eighties complete with echoing drum pads and a plodding synth melody joined by Toro y Moi style vocals. However he returns to his distinctive soundscape with 'Eyesdontlie', where the autotuned chorus returns to the sea of melodic wooziness and frantic percussion.
Vapor City exists on the borders of various contradictions, being widely expansive while at the same time suffocatingly introverted, high energy but downtempo. This gives it versatility by not constraining it to a particular arena or mood - it's contemplative but has momentum. There is not much here that jumps out of the speakers, or that makes you want to scream with excitement; instead it is a release that slowly gets under your skin, and most importantly, doesn't force its concept down your throat.
7Alex Baker's Score
8User Score


text:
Did you know vegetables remain alive after being harvested?
It's true — and it's the same principle behind the reason why you put flowers in water. However until now what scientists didn't realize is that plants have an internal clock like humans do, and that it continues to tick even after harvest. The new work is published in Current Biology (see abstract).
One of the main reasons plants have circadian rhythms, it turns out, is because during the daytime when insects are more active they produce chemicals that protect them from bugs.
In the photo below Rice University scientists have turned loose leaf-loving insects on lettuce that is in phase (i.e. during its accustomed daytime when its bug defenses are up) and out of phase. As you can see the caterpillars are devouring the out-of-phase lettuce on the right that, essentially, is in nighttime mode and lacks defenses.
See the full time-lapse video showing changes over a five-day period.
It is these same insect-banishing chemicals, scientists believe, provide some of the cancer-fighting benefits of vegetables.
The big question is whether this new found understanding of the importance of light, even after vegetables are picked, will provide new lessons for how to ensure that when we're eating vegetables we are making the most of their benefits. That, I believe, will be the subject of much research moving forward.
Because, you know, some of us don't eat vegetables for the taste.