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Confessions of a Lunch Box Trader...
"But mom, juice boxes are so kindergarten."
So said my son a while back. Who knew? I wondered why he kept bringing juice boxes home in his lunch box every day rather than drinking them. Apparently, when you're in second grade, squishy pack drinks are way more cool. Sometimes I have trouble trying to keep up with what's in and what's out snack-wise, AND keep it healthy. "Flavor Blasted" Pepperidge Farm Goldfish, in. Regular Pepperidge Farm Goldfish, out. Sweets, in. Yogurt, out. Fruit, definitely out. How can I compete? "Mom, did you know Johnny has a Cosmic Brownie for morning snack. A Cosmic Brownie," he adds for emphasis. At 10:20 in the morning? I don't think so. "But mom, they're cosmic." Yeah, right. They might be cosmic but they're not gonna happen, and certainly not at 10:20 in the morning.
Believe me, I feel his pain. You see, I was a lunch box trader. There, I said it. You probably knew a kid like me--the pathetic kid with the apple. Yup, that was me. I was the kid sitting at that table in the gymacafatorium with my bruised apple rolling around at the bottom of my metal Peanuts lunch box. Squished tuna sandwich wrapped in wax paper. No mayo. Frozen milk bought at school. No soda for this kid. Mom was a woman ahead of her time. She wanted me to be healthy. I just wanted a Twinkie. Oh, how I envied those kids with the Twinkies. Why couldn't I have a Twinkie like everyone else?
Years later, when I was in my twenties, I finally confessed to my mom about the trading thing. She was shocked. Shocked! "Some kid was perfectly happy to get that apple," she said. Frankly, I could never figure out why anybody wanted my apple. Actually, I still can't. Even today, given the choice of a Twinkie or an apple, I'd go with the Twinkie in a heartbeat if I didn't know any better. Today we have cholesterol. Ah, those innocent days of youth.
I hate to admit it, but yes, I've become my mother. Once I became a mom I knew it was just a matter of time. I hear stuff coming out of my mouth that my mother use to say. And despite that, NO, my son will NOT be taking a Cosmic Brownie for morning snack. I don't care if everyone does it. NO Cosmic Brownie. End of story.
What was in your lunch box? Were you the apple, or were you the Twinkie? I really want to know...
Submitted for the 122nd edition of the Carnival of Genealogy.
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9 comments:
- Kristin said...
I went home for lunch everyday, so no trading.
- October 1, 2012 at 10:12 PM
- Jasia said...
I never traded lunch box (or in my case, brown bag) items. Not that I couldn't have, because my mom packed both an apple (or some other fruit) and a Tweenkie (or more likely cookies) in my bag. And I ate bologna with mayo on white bread sandwiches everyday except the Fridays during lent when I got tuna salad with mayo. :-)
Thanks for sharing and participating in the COG!
- October 2, 2012 at 2:03 AM
I had school dinners for the first few years, then packed lunches. I can't remember what was on my sandwiches but I used to swop half of them for corned beef and beetroot sandwiches. Sometimes there would be a packet of crisps or a bashed banana as well. Latterly we had a cafeteria which mainly doled out pizza, chips and beans :-) tasty but not very healthy! Jo
- October 2, 2012 at 5:37 AM
"gymacafatorium" - LOL - that's classic!
I also went home for lunch in grade school, so no trades. My mother probably would have given me an apple though, and my Nan would have taken it out and given me a Twinkie-equivalent (Philadelphia consumes TastyKakes!). In high school I remember eating Devil Dogs for breakfast - that's why I had acne from ages 12 to 24. Stick to your guns with the Cosmic Brownie, he'll thank you later!
- October 2, 2012 at 8:44 AM
- Lisa Suzanne Gorrell said...
Great story and it brought back memories of my school lunch days. We mostly brought lunches. But in Intermediate School I was able to trade on "Ranch-Style Beans" day with Diane Hood. I loved those beans and she loved the Portuguese Sweetbread with butter that was in my lunch. Those lunch ladies back in the sixties sure made delicious lunches. Not like the microwave food served to kids today.
- October 5, 2012 at 1:39 PM
- Charles Hansen said...
I usually took my lunch, could not stand the school lunches. I made my own lunch most of the time, had a lot of peanut butter sandwiches, and usually a cookie sometimes some fruit. Bought milk at school.
- October 5, 2012 at 10:31 PM
- Hummer said...
I bought lunches for the most part until HS, then enjoyed the vending machines... candy and coke, until I could drive then we drove to the local burger joint and got lunch...
So much different today.
Love your story and the previous posts.
- October 6, 2012 at 2:44 AM
- Yvonne Demoskoff said...
Loved your story! I brought bagged lunches to school in grade 7, but didn't trade - I gave - my peanut butter cookies. The boy who sat in front of me in class was dreamy ... and I wanted to be liked, so, when I found out that PB cookies were Joey's favorite, I'd make sure to always offer them to him whenever my Mom packed them in my lunch.
- October 10, 2012 at 3:43 PM
When I was a kid, I usually had the school lunch--but now I always take my lunch to work.
- October 30, 2012 at 10:14 PM


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Hays USD 489, and indeed all of the public schools in Ellis County, understand the critical value of early childhood education. The developmental specialists know the returns are great not only for the individual child but overall society as well.
489's Early Childhood Connections, which offers programs for children and parents alike, specializes in identifying and then servicing at-risk youth. The results of Head Start, Early Head Start and Parents as Teachers are readily apparent when looking at common benchmarks.
For example:
* The number of Early Head Start slots available per 100 children 0-3 is 39.68 in Ellis County, compared to 6.64 statewide.
* Head Start slots are 97.67 here; Kansas boasts only 45.07.
* Pre-kindergarten or Four-Year-Old At-Risk programs are available at 71.43 percent of elementary schools in Ellis County; there are 49.81 percent statewide.
* Reading proficiency by the fifth-grade is 94.12 percent here and 87.09 percent in Kansas.
* Percent of schools meeting Adequate Yearly Progress requirements is 100 percent in Ellis County and 79.57 percent statewide.
* Even local high school graduation rates are higher, 88.89 percent compared to 84.77 percent.
Not only do early intervention efforts yield results during school, as these 2012 Kids Count data from the Kansas Action for Children illustrate, they help outside the classroom as well. Compared to the entire state, Ellis County has fewer teen violent deaths, youth binge drinking incidents, mental health hospitalizations, infant mortality and low birthweight babies. Later in life, the early interventions help job performance skills and social behaviors, leading to decreases in incarceration costs, crime-related expenditures and economic inequality.
What's not to like about all those measurements?
And the Early Childhood Connections receives accolades regularly. Last year, director Donna Hudson-Hamilton was awarded both the state and national Head Start Association administrator of the year. This year, Rebecca Greer was named Kansas teacher of the year while participant Cindy Walters was given the Beating the Odds Parent Award.
The staff of 60 works collaboratively to better help at-risk kids and the community. Again, what's not to like?
Yet these early intervention efforts are losing the funding necessary to be successful. Cost-cutting efforts at the state and federal levels threaten to undermine the programs' proven results.
Sequestration that Congress imposed on the nation has reduced ECC's funding by 5 percent for this year. The loss of $75,000 will mean two fewer children in Early Head Start and seven fewer in Head Start.
"We've been cutting back, cutting back, cutting back, and at some point, there's just no place to cut back besides the number that you're serving," Hudson-Hamilton said.
Nationally, sequestration is forcing more than 57,000 low-income children to be dropped from Head Start programs.
In Kansas, funding for the Kansas Endowment for Youth is raided by the Legislature through transfers to the state general fund. Almost $140 million has been taken from the CIF in recent years, depriving groups that conduct this critical work. That endowment, which has been paid for with tobacco settlement dollars, is expecting to decline significantly in 2018.
Congress is at least considering a $10 billion annual plan to target early childhood education efforts. While the gridlock in Washington prevents most commonsense legislation from moving forward, we would hope our elected leaders will see the value in this initiative. Threatening it, of course, will be tea party factions and others bent on starving government at all levels. Their pervasive argument is that by third grade, all of the academic advantages early education provides disappears and scores are equivalent from that point forward.
We would remind that the early intervention helped alleviate all the extra attention those kids would need in later years. Teachers and administrators don't have to spend as much time on remedial education if these at-risk children are paid attention to early.
We would hope elected officials in both Washington and Topeka come to the conclusion early childhood education works -- so programs such as Early Childhood Connections can continue providing their outstanding efforts.
Editorial by Patrick Lowry

subset: commoncrawl


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Catholics have abandoned the Rosary "to their spiritual impoverishment" and should once again take up this "powerful weapon for the spiritual warfare that is part of our daily life," Orlando Bishop Thomas G. Wenski counsels in his column this week.
October is the Month of the Rosary and Bishop Wenski has that too-rare talent of being able to make prayer, conversion and piety sound like masculine endeavors. Here's more:
Yet, in the contemplative prayer that is the recitation of the Rosary, Mary has given us a simple yet powerful weapon for the spiritual warfare that is part of our daily life in this "valley of tears." It is not a weapon of violence or intimidation but rather one of peace and healing for praying the rosary leads us to a more intimate relationship with the Mother of Mercy, our Life, our Sweetness, and our Hope. In a world still threatened by weapons of mass destruction, we have in the rosary – as Mary indicated to the shepherd children of Fatima – a weapon of mass conversion. Indeed, the rosary sustained many of God's faithful caught behind the Iron Curtain during decades of communist oppression and atheistic indoctrination. Deprived of freedom to practice their religion openly and oftentimes impeded from assisting at Mass, these faithful Catholics found in the rosary the strength to persevere. And should we not recognize in the unanticipated events of 1989 when the Berlin Wall was taken down and the communist regimes of Eastern Europe dismantled the evidence of Mary's powerful intercession?
This revered prayer of devotion in no way detracts from the Church's official prayers that are found in the liturgy. Indeed, the rosary can help us to prepare for and participate more fruitfully in the liturgy, especially the Holy Sacrifice of the Mass which is the "source and summit" of our Christian life. For the rosary is, in the words of Pope John Paul II, simply the contemplation of the face of Christ through the eyes of Mary.
The rosary, then, as a prayer that has us gaze upon Jesus through the eyes of Mary, can help us embrace life: to understand that life is not a burden to be endured but a gift to be shared. In this way, the rosary is a powerful antidote against the "Culture of death" of our contemporary society – a culture in which the dignity and the right to life of the unborn, the disabled and the aged is increasingly discounted. The quiet witness of those who pray the rosary outside of abortion mills testifies to the efficacy of this prayer as a weapon to oppose what Pope Benedict has called the "new dictatorship, that of relativism and the domination of technology."
See the whole thing. I'd also recommend his last column on Angels.


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AMES, Iowa, Oct. 3, 2012 /PRNewswire/ -- NewLink Genetics Corporation (Nasdaq: NLNK) announces the launching of an open-label, randomized, multi-institutional adaptive design Phase2B/3 study to evaluate efficacy of its tergenpumatucel-L (HyperAcute® Lung) product candidate in patients with progressive or relapsed Stage-IIIB/IV non-small cell lung cancer (NSCLC).
The Phase 2B portion of the study will evaluate two dosing schedules for tergenpumatucel-L versus docetaxel and the Phase 3 portion of the study will further assess efficacy of the selected dose against docetaxel. The primary endpoint of the study will be to evaluate survival in second-line therapy for patients with advanced non-small cell (stage IIIB/IV) lung cancer. Secondary objectives include progression free survival, evaluation of tumor response, and immunological response in treated patients.
"We are pleased to move another promising HyperAcute product candidate with encouraging survival data from Phase 2 into advanced-stage studies," commented Dr. Charles Link, Chairman and Chief Executive Officer of NewLink. "Non-small cell lung cancer remains the leading cause of cancer death in the United States."
"Immunotherapies are emerging as one of the most promising next treatment paradigms for cancer patients by allowing the patient's immune system to fight their disease without significant new toxicities. We are excited to participate in this advanced study to evaluate NewLink's innovative HyperAcute Lung immunotherapy in NSCLC," said principal investigator of the study Dr. Ramaswamy Govindan, Professor of Medicine, Co-Director Section of Medical Oncology at the Alvin J Siteman Cancer Center, Washington University School of Medicine, St. Louis, MO.
"This trial design is based on Phase 2 non-small cell lung cancer data presented at the recent ASCO meeting demonstrating 11.2 months median survival in 2nd and 3rd line patients who failed prior treatment. Our correlative immunological data showing 21.9 vs. 7 months survival in certain patients capable of generating IFN-gamma responses versus patients who did not mount this response, suggest patients with the best immune responses may have significantly greater long term overall survival. If these types of data can be confirmed in the new larger, randomized study an important novel therapy will be made available for patients with very limited options. We are delighted to be one of the lead centers," commented principal investigator for the Phase -2 study and Co-PI for the Phase 3 study Dr. John C. Morris, Professor of Medicine, Director of Experimental Therapeutics, Thoracic Cancer and Head & Neck Cancer Programs at University of Cincinnati, Cincinnati, OH.
Although a number of therapies have been approved in lung cancer, the prognoses for patients remain poor. "This study is designed to test the hypothesis that patients treated with HyperAcute immunotherapies may be sensitized to subsequent treatments with chemotherapy while also evaluating whether survival benefits observed in our Phase 2 study can be reproduced in a large controlled Phase 3 study," commented Dr. Nick Vahanian, President, Chief Medical Officer, NewLink Genetics.
Adaptive Study Design
This Phase 2B/3 study will enroll patients having a better baseline immune system status relative to the patient population in the earlier Phase 2 study. In order to be eligible for the study, patients must have Stage IIIB or Stage IV recurrent or treatment refractory non-small cell lung cancer with good performance status (ECOG <2) and no more than one prior chemotherapy failure. A lymphocyte count of >/= 1000/μL, platelets >/= 100,000/μL, hemoglobin >10.0 gm/dL, albumin >/= 3.0 gm/dL and acceptable hepatic and renal function are required for enrollment.
Two hundred forty (240) patients will be randomized (2:1:1) to receive: Arm 1: Docetaxel 75 mg/m2 intravenously given every 3 weeks for 4 doses; Arm 2a: Tergenpumatucel-L at 300 million cells given by intradermal injection weekly for 11 weeks then every 2 months for 5 additional doses (up to a total of 16 immunizations); Arm 2b: Tergenpumatucel-L at 300 million cells given by intradermal injection every 2 weeks for 6 doses and then every month for 10 additional doses (up to a total of 16 immunizations).
Phase 3 Study Design
In the phase 3 portion of the study, patients will be randomized (1:1) to receive either docetaxel or tergenpumatucel-L at the dose level that was selected in the Phase 2B portion of the study. At the planned interim analysis a sample size re-estimation will be performed that will determine the final enrollment numbers for the trial.
About Non-Small Cell Lung Cancer
According to the American Cancer Society, lung cancer is the leading cause of cancer-related death in the United States. The NCI estimates that over 160,000 Americans will die of the disease in 2012, accounting for approximately 28% of all cancer deaths. It accounts for more deaths than the next four most common cancers combined. Despite improvements in diagnosis and treatment, the overall 5-year survival for all patients with lung cancer is a dismal 13-16%, and this declines to less than 2% in patients with metastatic disease. Lung cancer is most often diagnosed at advanced stages when it is difficult to treat. According to the American Cancer Society, about 85% to 90% of lung cancers are classified as NSCLC. The remainder is called small cell lung cancer. The American Cancer Society also reports that about 80% of NSCLC cases are detected when they have progressed to stages III or IV. The current expected overall survival for a nonresectable stage IIIB or IV NSCLC patient who has failed first line treatment is approximately eight months.
About tergenpumatucel-L
The HyperAcute-Lung Immunotherapy product candidate, tergenpumatucel-L, consists of three separate allogeneic lung tumor cell lines grown in large cultures, harvested, packaged and irradiated. These component cells are representative of the three major types of non-small cell lung cancer and have been engineered to express a foreign gene encoding the alpha-galactosyl transferase enzyme. This enzyme modifies the surface of the cells in tergenpumatucel-L to make them more easily recognized and attacked by the immune system. After vaccination with tergenpumatucel-L, some patients' immune systems respond by recognizing new lung cancer antigens in ways thought to be helpful in fighting their own tumor.
About NewLink Genetics Corporation
NewLink Genetics Corporation is a biopharmaceutical company focused on discovering, developing and commercializing novel immunotherapeutic products to improve cancer treatment options for patients and physicians. NewLink's portfolio includes biologic and small molecule immunotherapy product candidates intended to treat a wide range of oncology indications. NewLink's product candidates are designed with an objective to harness multiple components of the innate immune system to combat cancer, either as a monotherapy or in combination with current treatment regimens, without incremental toxicity. NewLink's lead product candidate, algenpatucel-L (HyperAcute Pancreas) cancer immunotherapy is being studied in a Phase 3 clinical trial in surgically resected pancreatic cancer patients (patient information is available at http://www.pancreaticcancer-clinicaltrials.com) under a Special Protocol Assessment with the U.S. Food and Drug Administration. NewLink and its collaborators have completed patient enrollment for a Phase 2 clinical trial evaluating its tergenpumatucel-L (HyperAcute Lung) cancer immunotherapy product candidate for non-small cell lung cancer and is now opening a Phase 2B/3 clinical trial in this indication. NewLink has completed patient enrollment in an initial Phase 2 clinical trial for its HyperAcute Melanoma cancer immunotherapy product candidate. NewLink also is developing indoximod (NLG8189 or D-1MT), a small molecule, orally bioavailable product candidate from NewLink's proprietary indoleamine (2, 3) dioxygenase, or IDO, pathway inhibitor technology. Through NewLink's collaboration with the National Cancer Institute, NewLink is studying indoximod in various chemotherapy and immunotherapy combinations in two Phase 1B/2 safety and efficacy clinical trials. For more information please visit www.linkp.com.
Safe Harbor Statement
This press release contains "forward-looking statements" for purposes of the safe harbor provided by the Private Securities Litigation Reform Act of1995. These statements include, but are not limited to, statements regarding the prospects of tergenpumatucel-L and the prospects of NewLink's Phase 2B/3 clinical trial. Such statements are based on management's current expectations and involve risks and uncertainties. Actual results and performance could differ materially from those projected in the forward-looking statements as a result of many factors, including, without limitation, the risks and uncertainties associated with clinical trials and the regulatory approval process. These and other factors are identified and described in more detail in the Company's filings with the Securities and Exchange Commission, including without limitation the Company's annual report on Form 10-K for the year ended December 31, 2011, as amended, and subsequent filings. The Company disclaims any intent or obligations to update these forward-looking statements.
Gordon Link
Chief Financial Officer
NewLink Genetics
SOURCE NewLink Genetics Corporation


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BELGRADE -- The Kosovo issue is not a case of self-determination but of secession, says Algerian Ambassador to Belgrade Abdelkader Mesdoua.
Algeria, the diplomat told FoNet news agency in Belgrade on Sunday, will not recognize Kosovo.
Mesdoua repeated that his country supports Serbia's territorial integrity and sovereignty.
"The Algerian government's position on the issue of Kosovo is clear. We consider this to be a problem of partition, secession, not of self-determination."
Algeria "said from the very beginning" it would not recognize the Kosovo Albanian unilateral declaration, "which was confirmed during Serbian Foreign Minister Vuk Jeremic's visit".
"We will not recognize Kosovo as independent and we will remain firmly on this position, unless there is a development that would have Serbia change its stance, but that would be a different question that we would consider then," Mesdoua said.
Taking into account the present situation, Algeria will not recognize Kosovo and will continue to support Serbia's territorial integrity and sovereignty, the ambassador reiterated.
He also confirmed that Algerian President Abdelaziz Bouteflika had accepted an invitation to visit Serbia, and that the trip can be expected in late 2009, or early 2010.
Also by the end of this year, a mixed cooperation committee is due to meet, when Algerian foreign affairs and defense ministers are expected in Belgrade.
"We have very close military cooperation and I am certain that relations will improve in this sector in the future as well," said Mesdoua, and reminded that a number of Algerian army officers are currently attending Serbia's Military Academy.
The ambassador said that the peoples of Algeria and Serbia are very close, that there are many friends of his country here, and that he feels at home in Belgrade.
He divided the history of relations between the two countries in two periods from Algeria's independence until the 1990s, and after 2000.
"We had very close ties with former Yugoslavia, because both countries were very active in the Non-Aligned Movement, but we had a break of relations, that was not political, because of a period when both Serbia and Algeria faced problems. Contacts always existed, although they were not as close as before."
Mesdoua reminded that Yugoslavia was the first European country to recognize Algeria's independence, and said that after 2000 the ties with Serbia have been improving and becoming closer.


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Definitely Probably One
Definitely Probably One:
A Generation Comes of Age Under China's One-Child Policy
Had China not imposed its controversial but effective one-child policy a quarter-century ago, its population today would be larger than it presently is by 300 million-roughly the whole population of the United States today, or of the entire world around the time of Genghis Khan.
The Chinese population-control policy of one child per family is 25 years old this year. A generation has come of age under the plan, which is the official expression of the Chinese quest to achieve zero population growth. China's adoption of the one-child policy has avoided some 300 million births during its tenure; without it, the Chinese population would currently be roughly 1.6 billion-the number at which the country hopes to stabilize its population around 2050. Many experts agree that it is also the maximum number that China's resources and carrying capacity can support. Standing now at a pivotal anniversary of the strategy, China is asking itself, Where to from here?
China's struggle with population has long been linked to the politics of national survival. China scholar Thomas Scharping has written that contradictory threads of historical consciousness have struggled to mold Chinese attitudes towards population issues. China possesses a "deeply ingrained notion of dynastic cycles" that casts large populations as "a symbol of prosperity, power, and the ability to cope with outside threat." At the same time, though, "historical memory has also interpreted a large population as an omen of approaching crisis and downfall." It was not until economic and development issues re-emerged as priorities in post-Mao Zedong's China that the impetus toward the one-child policy began to build rapidly. During Mao's rule population control was often seen as inhibiting the potential of a large population, but in the years following his death it became apparent that China's population presented itself as more of a liability than an asset. Policymakers eager to reverse the country's backwardness saw population control as necessary to ensure improved economic performance. (In 1982, China's per-capita GDP stood at US$218, according to the World Bank. The U.S. per-capita GDP, by way of comparison, was about $14,000.)
The campaign bore fruit when Mao's successor, Hua Guofeng, along with the State Council, including senior leaders such as Deng Xiaoping, decided on demographic targets that would curb the nation's high fertility rates. In 1979 the government announced that population growth must be lowered to a rate of natural increase of 0.5 percent per year by 1985. In fact, it took almost 20 years to reach a rate of 1 percent per year. (The overestimating was in part due to the lack of appropriate census data in 1979; it had been 15 years since the last population count and even then the numbers provided only a crude overview of the country's demography.) Nevertheless the Chinese government knew that promoting birth-planning policies was the only way to manifest their dedication and responsibility for future generations. In 1982 a new census was taken, allowing for more detailed planning. The government then affirmed the target of 1.2 billion Chinese for the year 2000. Demographers, however, were skeptical, predicting a resurgence in fertility levels at the turn of the century.
The promotion of such ambitious population plans went hand in hand with the need for modernization. Though vast and rich in resources, China's quantitative advantages shrink when viewed from the per-capita perspective, and the heavy burden placed on its resources by China's sheer numbers dictates that population planning remain high on the national agenda. The government has also stressed the correlation between population control and the improved health and education of its citizens, as well as the ability to feed and employ them. In September 2003, the Chinese magazine Qiushi noted that "since population has always been at the core of sustainable development, it is precisely the growth of population and its demands that have led to the depletion of resources and the degradation of the environment. The reduction in birth rate, the changes in the population age structure, especially the improvement in the quality of the population, can effectively control and relieve the pressure on our nation's environment and resources and strengthen our nation's capability to sustain development."
The Reach of the One-Child Policy
Despite the sense of urgency, the implementation of such a large-scale family planning program proved difficult to control, especially as directives and regulations were passed on to lower levels. In 1981, the State Council's Leading Group for Birth Planning was transformed into the State Population and Family Planning Commission. This allowed for the establishment of organizational arrangements to help turn the one-child campaign into a professional state family planning mechanism. Birth-planning bureaus were set up in all counties to manage the directives handed down from the central government.
Documentation on how the policy was implemented and received by the population varies from area to area. There are accounts of heavy sanctions for non-compliance, including the doubling of health insurance and long-term income deductions as well as forced abortions and sterilizations. Peasant families offered the most significant opposition; rural families with only one daughter often insisted that they be given the right to have a second child, in hopes of producing a son. On the other hand, in some regions married couples submitted written commitments to the birth-planning bureaus stating they would respect the one-child policy. Despite this variation, it is commonly accepted that preferential treatment in public services (education, health, and housing) was normally given to one-child families. Parents abiding by the one-child policy often obtained monthly bonuses, usually paid until the child reached the age of 14.
Especially in urban areas it has become commonplace for couples to willingly limit themselves to one child. Cities like Shanghai have recently eased the restrictions so that divorcees who remarry may have a second child, but there, as well as in Beijing and elsewhere, a second child is considered a luxury for many middle-class couples. In addition to the cost of food and clothing, educational expenses weigh heavily: As in many other countries, parents' desire to boost their children's odds of entering the top universities dictates the best available education from the beginning-and that is not cheap. The end of free schooling in China-another recent landmark-may prove to be an even more effective tool for restricting population growth than any family planning policy. Interestingly, the Frankfurter Allgemeine Zeitung has reported that Chinese students who manage to obtain a university education abroad often marry foreigners and end up having more than one child; when they return to China with a foreign spouse and passport they are exempt from the one-child policy.
There are other exceptions as well-it is rumored that couples in which both members are only children will be permitted to have two children of their own, for instance-and it is clear that during the policy's existence it has not been applied even-handedly to all. Chinese national minorities have consistently been subject to less restrictive birth planning. There also appears to have been a greater concentration of family planning efforts in urban centers than in rural areas. By early 1980, policy demanded that 95 percent of urban women and 90 percent of rural women be allowed only one child. In the December 1982 revision of the Chinese constitution, the commitment to population control was strengthened by including birth planning among citizens' responsibilities as well as among the tasks of lower level civil administrators. It is a common belief among many Chinese scholars who support the one-child policy that if population is not effectively controlled the pressures it imposes on the environment will not be relieved even if the economy grows.
More Services, Fewer Sanctions
Over time, Chinese population policy appears to have evolved toward a more service-based approach consistent with the consensus developed at the 1994 International Conference on Population and Development in Cairo. According to Ru Xiao-mei of the State Population and Family Planning Commission, "We are no longer preaching population control. Instead, we are emphasizing quality of care and better meeting the needs of clients." Family planning clinics across the country are giving women and men wider access to contraceptive methods, including condoms and birth-control pills, thereby going beyond the more traditional use of intrauterine devices and/or sterilization after the birth of the first child. The Commission is also banking on the improved use of counseling to help keep fertility rates down.
Within China, one of the most prevalent criticisms of the one-child policy has been its implications for social security, particularly old-age support. One leading scholar envisions a scenario in which one grandchild must support two parents and four grandparents (the 4-2-1 constellation). This development is a grave concern for Chinese policymakers (as in other countries where aging populations stand to place a heavy burden on social security infrastructures as well as the generations now working to support them).
A related concern, especially in rural China where there is a lack of appropriate pension systems and among families whose only child is a daughter, is that it is sons who have traditionally supported parents in old age. The one-child policy and the preference for sons has also widened the ratio of males to females, raising alarms as the first children born into the one-child generation approach marriage age. The disparity is aggravated by modern ultrasound technology, which enables couples to abort female fetuses in hopes that the next pregnancy produces a son; although this practice is illegal, it remains in use. The 2000 census put the sex ratio at 117 boys to 100 girls, and according to The Guardian newspaper, China may have as many as 40 million single men by 2020. (There are several countries where the disparity is even greater. The UN Population Fund reports that countries such as Bahrain, Oman, Qatar, Saudi Arabia, and United Arab Emirates have male-to-female ratios ranging between 116:100 and 186:100.)
A Younger
Adapting Tradition
However, the traditional Chinese preference for sons may be on the decline. Dr. Zhang Rong Zhou of the Shanghai Population Information Center has argued that the preference for boys is weakening among the younger generation, in Shanghai at least, in part because girls cost less and are easier to raise. The sex ratio in Shanghai accordingly stands at 105 boys to every 100 girls, which is the international average. Shanghai has distinguished itself over the past 25 years as one of the first urban centers to adopt the one-child policy, and it promises to be a pioneer in gradually relaxing the restrictions in the years to come. Shanghai was the first region in China to have negative fertility growth; 2000 census data indicated that the rate of natural increase was -0.9 per 1,000.
A major concern remains that as the birth rate drops a smaller pool of young workers will be left to support a large population of retirees. Shanghai's decision to allow divorced Chinese who remarry to have a second child is taking advantage of the central government's policy, which lets local governments decide how to apply the one-child rule. Although Shanghai has devoted much effort to implementing the one-child policy over the past 25 years, the city is now allowing qualifying couples to explore the luxury of having a second child. This is a response to rising incomes (GDP has grown about 7 percent per year over the past 20 years) and divorce rates. As noted above, however, many couples, although often better off then their parents, remain hesitant to have more than one child because of the expense.
The first generation of only children in China is approaching parenthood accustomed to a level of economic wealth and spending power-and thus often to lifestyles-that previous generations could not even have imagined. However, China also faces a rapidly aging population. In the larger scheme of things, this may be the true test of the government's ability to provide for its citizens. The fate of China's family planning strategy-in a context in which social security is no longer provided by family members alone but by a network of government and/or private services-may be decided by the tension between the cost of children and the cost of the elderly. There seems little doubt, however, that family planning will be a key element of Chinese policymaking for many years to come.
Claudia Meulenberg, a former Worldwatch intern, received her master's degree from the George Washington University's Elliott School of International Affairs in May and now works at the Institute for International Mediation and Conflict Resolution at The Hague in her home country of the Netherlands.
References and readings for each article are available at www.worldwatch.org/pubs/mag/.


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7 April 2014 at 11.49am | Comment on this article
Theatre is about emotional fitness, it is visceral, human, in-the-moment, it is not about grades or outcomes #culturecounts
— kayte judge (@kaytejudge) April 3, 2014
Attended @ROHBridge conference #culturecounts Schools will improve attainment in all subjects by expanding arts engagement NOT reducing it!
— James Dickinson (@jdhornblower) April 4, 2014
#culturecounts artist Bob and Roberta Smith says talent is distributed around the country irrespective of wealth
— Carmel Littleton (@LittletonCarmel) April 3, 2014
Young people's experience of the arts doesn't always have to be educative. Good point from Purni Morell #culturecounts
— Steph Fuller (@ideas_test) April 3, 2014
@BobandRoberta #culturecounts art allows the kids to have the answers. Art makes children powerful.
— kayte judge (@kaytejudge) April 3, 2014
@ideas_test so true, but if we want to keep the arts as an entitlement for all YPs we still need to engage with the educators.#culturecounts
— michele gregson (@objectfreelife) April 4, 2014
'How we construct our identities through culture makes us powerful if we don't teach kids hw 2 do this we undermine democracy'#culturecounts
— Beth McDougall (@BethMcDougall2) April 3, 2014
#CultureCounts 80by18 Bristol project @Kerileef shares how city resources (inc arts) harnessed to inspire young people
— The Audience Agency (@audienceagents) April 3, 2014
#CultureCounts interesting that DfE doesn't think making art counts as employment! Whole issue around understanding it's a profession.
— Dawn Giles (@BCADirector) April 3, 2014
How do you think arts and education can come together to ensure more children and young people have access to art and culture?


text: HKSS.com | Community > Discussion Forum > View topic - Music: FIONA SIT "F Debut" Home Community Superstars Music | What's New | Help HKSS | Search* Discussions | HKE Chat | Reflections of Life | Virtual Cards | Member Galleries Please excuse our mess. HKSS is currently under re-construction and some links/sections don't work yet. What's New: Latest updates | Member Galleries | Music | HKE Chat | About HKSS.com Community Discussions HKE Chat Reflections of Life Member Galleries Virtual Cards* Play Music Superstars Profiles* Galleries* Reviews Gossip & News Other Privacy Policy Terms of Use Link to HKSS* HKSS.com What's New About Contact* Advertise* Help HKSS Links YesAsia yuenStudios Do you like HKSS? My Watched Topics | My Favorites | My Profile Private IMs Register Log in Help | Stats | Members | Groups Search Forum Music: FIONA SIT "F Debut" HKSS.com Forum Index -> Reviews View previous topic :: View next topic Author Message MavisCrazed FanJoined: 07 Oct 2003Posts: 113 Posted: Sat Apr 17, 2004 6:02 am Post subject: Music: FIONA SIT "F Debut" Every few years, there would be one singer where I'll go absolutely crazy about. Last one was in 1999, when Jolin Tsai made her debut. And I think this time around I've found another one in Fiona. Fiona Sit Hoi Kei is the 2004 "Warner Girl", along with Endy Chow "Warner Boy", they are the only newcomers promoted by Warner Music Hong Kong this year. The rumour was that both of them were suppose to make their debuts last summer but due to SARS Warner decided to push them back. Fiona has something that other female newcomers over the past few years don't have: the looks AND the vocal. Track 1 "XBF" (let's see who can figure out what that means) is her debut song, features a little rock ballad flavour. According to Fiona, the song is also the evidence of her growth, as she had surgery to fix her nasal passage after producers noticed that there was heavy nasal "bass" sound in "XBF". "F Debut" is a very well balanced album, and it's was obvious that the producer put a lot of effort in choosing the right songs. Track 2 "Madonna's Kiss" is the next plug song, and gave Fiona a chance to show off her vocal skills. Track 3 "Keanu Reeve's reply" is a cute song, and the big hit in Hong Kong right now. The song touches the emotions of the little fan in us. The rest of the album features a little bit of everything. From ballads like track 4 "In a hurry" and track 5 "A little wit", to dreamary/sweet songs like track 9 "Movie buff maiden", to a more mature feel in track 8 "Winter hibernation". There's even a child song in the album, although it doesn't really sound like one, in track 7 "Ugly duckling's Swan Lake". Fiona also tried her hand in writing lyrics, writing an English version of "Winter hibernation" called "Vie Ya" (track 11). Having gone to international school all her life, Fiona actually doesn't read much Chinese. I had been waiting for this album for a long time, and it was well worth the wait (and expectations). For a newcomer "F Debut" is as good as one can get. It would've been nicer though, if Warner could include the songs "Keanu Reeve's reply" (duet version with Aaron) and the duet version of Endy Chow's hit song "Eye black". I presume that they'll be included in the second version of F Debut. For more information about this album, visit www.fdebut.com.hk (Warner especially made a site for Fiona's debut album, but the site will be taken down after a few months) Rating: 8.5/10 Buy the CD here Recommendations: Track 1 "XBF" Track 3 "Keanu Reeve's Reply" Track 4 "God is a guy" Track 7 "Ugly duckling's Swan Lake" Track 8 "Movie buff maiden" Track 11 "Vie Ya" Back to top Mikey_Life is good. Be inspired.Joined: 04 Oct 2003Posts: 1322Location: Fountain Valley, California (USA) Posted: Mon Apr 19, 2004 10:27 am Post subject: Ha! "Keanu Reeve's Reply" again? I just find the name of the track weird Back to top GTFanJoined: 08 Dec 2003Posts: 51Location: SK, Canada Posted: Mon Apr 19, 2004 3:06 pm Post subject: Ok, I haven't really listened to enough of her songs to comment on her singing...though my initial impression is she's pretty good at it. HOWEVER, the look thing...I just don't think she's THAT pretty, but that's just me Back to top MavisCrazed FanJoined: 07 Oct 2003Posts: 113 Posted: Tue Apr 20, 2004 3:45 am Post subject: GT wrote: Ok, I haven't really listened to enough of her songs to comment on her singing...though my initial impression is she's pretty good at it. HOWEVER, the look thing...I just don't think she's THAT pretty, but that's just me Good....one less guy to fight with! Fiona's not exactly stunning, but not bad considering all the other singer out there. Back to top pchan543New MemberJoined: 13 Nov 2003Posts: 9Location: Los Angeles, CA Posted: Thu Apr 22, 2004 11:10 am Post subject: just curious...are there quite a few hk singers who don't read/write chinese very well? i've heard that edison chen doesn't know much chinese reading and writing either. it must be a challenge when they receive new songs to sing. Back to top Mikey_Life is good. Be inspired.Joined: 04 Oct 2003Posts: 1322Location: Fountain Valley, California (USA) Posted: Thu Apr 22, 2004 3:31 pm Post subject: I, personally, don't read Chinese characters very well, but I can pronounce things just fine if I convert them to PinYin (Mandarin.) Maybe they do the same thing. In terms of Cantonese, they may do the same thing, and as long as you can speak that dialect, you should be able to pronounce the words correctly as well. Back to top MavisCrazed FanJoined: 07 Oct 2003Posts: 113 Posted: Fri Apr 23, 2004 9:20 am Post subject: Mikey is right. But some singers (like Edison) probably knows enough Chinese already that if people told them what the lyrics were he just has to memorize it. He just doesn't recognize the character but he knows what words it's talking about. I know this may sound corny, but judging from the interviews I see on TV and newspapers, it's obvious that regardless whether you are fluent in Chinese or not, a better education background does help. At least Fiona, Edison, Eason etc who has a better education background doesn't look or sound stupid during interviews...unlike some other singers like *ahem* Joey, Twins. Back to top Mikey_Life is good. Be inspired.Joined: 04 Oct 2003Posts: 1322Location: Fountain Valley, California (USA) Posted: Sun May 09, 2004 8:21 am Post subject: Looks like my opinion of this album is completely opposite of the both of you: I find her voice quite sleepy and cliched. I hardly detect any feelings in her songs and also found most of them quite sleepy/ unexciting. Maybe it's because I don't understand the words Back to top MavisCrazed FanJoined: 07 Oct 2003Posts: 113 Posted: Wed May 19, 2004 8:46 am Post subject: Mikey, maybe that's it. Just like if you just listen to Britney and not know what she's like, you'll find her music just as ordinary. Congrats to Fiona for getting gold record sales. Such is the state of HK music now...only a handful of albums reach gold sales every year. Back to top Mikey_Life is good. Be inspired.Joined: 04 Oct 2003Posts: 1322Location: Fountain Valley, California (USA) Posted: Wed May 19, 2004 3:09 pm Post subject: Perhaps you're right... I don't know much about Fiona and so from a listening perspective, I found the album unexciting. What does she do? Congrats to her gold. Back to top Display posts from previous: All Posts1 Day7 Days2 Weeks1 Month3 Months6 Months1 Year Oldest FirstNewest First HKSS.com Forum Index -> Reviews All times are GMT - 8 Hours Page 1 of 1 Jump to: Select a forum Entertainment----------------All EntertainmentReviewsGossip and NewsIdol DiscussionsMusicMoviesTV Shows Non-Entertainment----------------General DiscussionsNew MembersFun and GamesReflections of LifeHobbies, TravelFood and CookingHelp!Websites HKSS.com----------------Announcements/ What's New?Help HKSS.comFeedback/ Contact HKSS.comWishlist You cannot post new topics in this forumYou cannot reply to topics in this forumYou cannot edit your posts in this forumYou cannot delete your posts in this forumYou cannot vote in polls in this forum Back to top Copyright © 1996-2014 HKSS.com™. All Rights Reserved. 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We are constantly in awe of our customers/friends styles and talents. One of our favorites is miss Emily--she is not only a customer and the best dang barista, but has been part of our Ruby Rose family.
Em and her family have a love of music, art, and vintage, and we were able to score some photos of inside her cool world (lots of lovelies which she has adopted from The Rose).
These curtains are beautiful! A perfect fit!
Love the Jetson-style lamp...and the grooovy ball and chain.
I am wondering if these CD's are alphabetized or categorized??
What can I trade for that headboard??!!! (Pretty lighting on the end tables from The Rose)
When I first met Emily at the shop, she was looking for frames. She mentioned that she had asked a handful of friends to paint her pictures of robots and that these would hang in her bathroom. I must admit, I couldn't picture it, but now that I see them, I think "Of course, robots!".
- - - - - - - - - - - - - - - - - - - -
We followed up the house tour with an interview...!
Ruby Rose: Thank you for the peek inside your living space, Emily! Can I ask you a few questions?
Emily: But of course.
RR: Can you remember the first album/CD that you bought?
EM: My first cassette tape that I purchased with my own money was Green Day.
RR: Who are you listening to these days?
EM: I love being recommended new things. I keep the Black Keys, Sharon Jones, The Dap Kings, Avett Brothers, and Adele on a regular rotation.
RR: What are you inspired by? What fills you up?
EM: Laughter, passionated music with big highs and deep lows. The love I have for my daughter, Lily. Art, new and old.
RR: A perfect day off is...
EM: Sally Loo's coffee. My lovely friends faces. A rainy day antique shopping in Cambria. Music, music, music. A good movie before bed.
RR: Your favorite indulgence is...
EM: Anything Sally Loo's creates fills my belly with joy. Singing and dancing in the company of my work companions.
RR: Do you have any parting words?
EM: Collect quotes. You never know when you're going to need one.
Thank you for your time and for inspiring us, Emily!


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No. 94,051
ARAMARK CORPORATION and
1. Whether jurisdiction exists is a question of law over which an appellate court's scope of review is unlimited.
2. K.S.A. 2005 Supp. 44-551(b)(1) provides the Workers Compensation Board with jurisdiction to review a claimant's lump sum settlement award approved by an administrative law judge pursuant to K.S.A. 44-531(a).
3. Subject matter jurisdiction, the power of a court or agency to hear and decide a case, may not be waived by a party.
Appeal from Workers Compensation Board. Opinion filed April 28, 2006. Affirmed in part, dismissed in part, and remanded.
Matthew J. Schaefer, Vincent A. Burnett, and Richard J. Liby, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, for appellants.
Kelly W. Johnston, of The Johnston Law Offices, P.A., of Wichita, for appellee.
Before MALONE, P.J., GREEN and BUSER, JJ.
MALONE, J,: Aramark Corporation (Aramark) and Bankers Standard Insurance (Bankers) appeal the decision of the Workers Compensation Board (Board) to remand Evangelina Grajeda's lump sum settlement award to the administrative law judge (ALJ) for further consideration. Aramark and Bankers claim the Board lacked jurisdiction to review Grajeda's settlement award. They further claim that even if the Board had jurisdiction to consider Grajeda's appeal, the settlement hearing complied with the provisions of the Workers Compensation Act and the Board should have approved the settlement.
When this appeal was filed, this court issued an order directing the parties to show cause why this appeal should not be dismissed for lack of appellate jurisdiction because the agency proceedings were not final. All parties responded to the show cause order and requested this court to retain jurisdiction of the appeal in light of the fact that the Board's jurisdiction to review the settlement award was being challenged. On May 12, 2005, this court entered an order to retain the appeal "for the purpose of reviewing whether the Board exceeded its statutory authority by accepting jurisdiction over the approved settlement."
We conclude the Board possessed statutory authority to review Grajeda's lump sum settlement award. However, the remainder of the appeal is dismissed because the Board's decision to remand the settlement award to the ALJ for further consideration is not ripe for judicial review.
Factual and procedural background
Grajeda sought workers compensation benefits for injuring her upper back and left arm. Drs. C. Reiff Brown and Paul S. Stein concluded that she suffered a 5% whole body impairment based on the injury. Grajeda and her employer, Aramark, negotiated a one-time lump sum settlement of $5,000. Part of the settlement worksheet read:
"This is full and final settlement of all claims arising out of claimant's accident on 08/11/03 and each and every working day thereafter. This settlement is agreed by all parties to constitute a K.S.A. 44-531 complete and full redemption. Claimant waives formal notice of this hearing and believes it is in his/her best interest to receive this settlement in one lump sum."
On July 27, 2004, a settlement hearing was held before the ALJ. Grajeda was represented by counsel and assisted by an interpreter. The ALJ asked Grajeda several questions regarding her rights:
"[ALJ]: You have certain rights under the workers compensation laws that I am required to explain, the first of which is you understand that you do have a right to litigate this case, and you could go ahead and present evidence to a judge, who would then issue a decision which may give you more, may give you less than what is being offered today. Do you understand?
"[Grajeda]: Yes.
"[ALJ]: And you also understand that if a decision was issued and you weren't satisfied with that decision, you would have a right to file an appeal, understand?
"[Grajeda]: Yes.
"[ALJ]: And finally you understand that if a decision was issued and then if at some time in the future you felt your physical condition had materially changed and you could relate that change to this date of accident, you would have a right to go back to the judge who issued the previous decision, ask him to review it and perhaps modify it in your favor; do you understand?
"[Grajeda]: Yes.
"[ALJ]: To put it in simple language, they are offering you $5,000. If you accept that amount of money today that is all the money you will receive as a result of this injury and you cannot come back tomorrow or any time in the future and ask for more money, more medical treatment or any other benefits of any kind under the workers compensation laws as it pertains to this injury. Do you understand?
"[Grajeda]: Yes.
"[ALJ]: Knowing that you are giving up those rights, do you still wish to have this settlement approved?
"[Grajeda]: Yes."
The ALJ approved the settlement after reviewing the settlement worksheet and concluded that it was "fair, just and reasonable." At the settlement hearing, counsel for Aramark and Bankers presented a $5,000 settlement check to Grajeda's attorney. After the hearing, Grajeda obtained a new attorney and applied to have her lump sum settlement reviewed by the Board. As part of her application, Grajeda indicated that she had not negotiated the check given to her by Aramark and Bankers.
In her memorandum to the Board, Grajeda argued the ALJ failed to comply with K.S.A. 44-531(a) because he did not expressly find the lump sum payment was in Grajeda's best interest. She also claimed the ALJ violated administrative regulations designed to ensure that Grajeda fully understood the medical evidence regarding her disability. Aramark and Bankers argued the Board had no jurisdiction to review Grajeda's lump sum settlement award. In the alternative, Aramark and Bankers argued Grajeda received a proper settlement hearing and her lump sum settlement award should be approved.
The Board concluded it had jurisdiction to review Grajeda's settlement award. However, the Board neither approved nor set aside the settlement. Instead, the Board concluded:
"Claimant's attack on the Settlement Award has raised issues that were not addressed at the administrative law judge level. Accordingly, the parties should be afforded the opportunity to compile an evidentiary record to support their legal theories. Consequently, this claim should be remanded to an administrative law judge for further delineating the issues, setting the parties' terminal dates for taking evidence, and decision."
The Board remanded Grajeda's claim to the ALJ for the parties to present evidence and for the ALJ to address Grajeda's request to set aside the settlement award. Aramark and Bankers appeal the Board's decision.
Did the Board have jurisdiction to hear the appeal?
Aramark and Bankers claim the Board did not have jurisdiction to hear Grajeda's appeal. Whether jurisdiction exists is a question of law over which an appellate court's scope of review is unlimited. Mid-Continent Specialists, Inc. v. Capital Homes, 279 Kan. 178, 185, 106 P.3d 483 (2005).
K.S.A. 2005 Supp. 44-551(b)(1) provides in part:
"All final orders, awards, modification of awards, or preliminary awards under K.S.A. 44-534a and amendments thereto made by an administrative law judge shall be subject to review by the board upon written request of any interested party within 10 days."
When a statute is unambiguous, the appellate courts will not speculate as to the legislature's intent nor will they add something not readily found in the statute. State v. Thrash, 267 Kan. 715, 716-17, 987 P.2d 345 (1999). K.S.A. 2005 Supp. 44-551(b)(1) clearly provides the Board with jurisdiction to review final orders and awards made by an ALJ. There is no dispute that a lump settlement qualifies as a final order or an award. Thus, in the absence of contrary authority, 44-551(b)(1) provided the Board with jurisdiction to review Grajeda's settlement award.
Aramark and Bankers argue that K.S.A. 2005 Supp. 44-551(b)(1) must be read in conjunction with K.S.A. 44-531(a), dealing with lump sum settlements, which provides:
"(a) Where all parties agree to the payment of all or any part of compensation due under the workers compensation act or under any award or judgment, and where it has been determined at a hearing before the administrative law judge that it is for the best interest of the injured employee or the dependents of a deceased employee, or that it will avoid undue expense, litigation or hardship to any party or parties, the administrative law judge may permit the employer to redeem all or any part of the employer's liability under the workers compensation act by the payment of compensation in a lump sum, except that no agreement for payment of compensation in a lump sum shall be approved for nine months after an employee has returned to work in cases in which the employee, who would otherwise be entitled to compensation for work disability, is not entitled to work disability compensation because of being returned to work at a comparable wage by the employer who employed the worker at the time of the injury giving rise to the claim being settled. . . . Upon paying such lump sum the employer shall be released and discharged of and from all liability under the workers compensation act for that portion of the employer's liability redeemed under this section." (Emphasis added.)
Contrary to the assertion of Aramark and Bankers, K.S.A. 44-531(a) does not limit the Board's jurisdiction to review a lump sum settlement award. The statute only provides that an employer is released from liability upon paying a lump sum settlement to an employee. The legislature's intent that an employer be released from liability after payment of a lump sum settlement does not necessarily mean that the legislature also intended to prohibit review by the Board. Grajeda presents a strong argument that the legislature intended to subject lump sum payments to review because their settlement approval is thoroughly regulated. Among other things, K.S.A. 44-531(a) requires an ALJ to either determine that a lump sum settlement is in the claimant's best interest or determine that the settlement would avoid undue expense and litigation. The statute also prohibits approval of lump sum settlements until the employee has returned to work for 9 months because if the employee has returned to work at a comparable wage, the employee is not entitled to work disability compensation. Under Aramark and Bankers' interpretation of the statute, an ALJ could ignore the strict requirements of a settlement hearing under K.S.A. 44-531(a) but not be subject to any review by the Board.
Aramark and Bankers also point to K.S.A. 44-528(a), which provides in part:
"Any award or modification thereof agreed upon by the parties, except lump-sum settlements approved by the director or administrative law judge, whether the award provides for compensation into the future or whether it does not, may be reviewed by the administrative law judge for good cause shown upon the application of the employee, employer, dependent, insurance carrier or any other interested party."
This section provides that lump sum settlement awards are exempt from further review and modification by the ALJ. The provision does not address review by the Board and is therefore inapplicable to Grajeda's case.
Finally, Aramark and Bankers argue that Grajeda waived her right to appeal by agreeing to the lump sum settlement. They cite several cases for the proposition that, absent bad faith, neither party may repudiate a settlement. The cases are easily distinguished by the fact that they do not deal with the Workers Compensation Act or jurisdiction under the Act. Whether Grajeda is allowed to repudiate her settlement agreement is irrelevant to the issue of jurisdiction. Subject matter jurisdiction, the power of a court or agency to hear and decide a case, may not be waived by a party. See In re Estate of Wolf, 32 Kan. App. 2d 1247, 1250, 96 P.3d 1110 (2004), aff'd 279 Kan. 718, 112 P.3d 94 (2005) (citing Labette Community College v. Board of Crawford County Comm'rs, 258 Kan. 622, 626, 907 P.2d 127 [1995]).
In summary, K.S.A. 2005 Supp. 44-551(b)(1) provided the Board with statutory authority to review Grajeda's lump sum settlement award after it had been approved by the ALJ. The Board did not err in finding that it had jurisdiction to consider Grajeda's appeal.
Did the Board err by remanding the case to the ALJ?
Aramark and Bankers claim that even if the Board did have jurisdiction to hear Grajeda's appeal, the settlement hearing complied with the provisions of the Workers Compensation Act and the Board should have approved the settlement award. In response, Grajeda claims the settlement hearing was deficient in three respects. First, Grajeda claims the ALJ failed to expressly find that the lump sum settlement was in Grajeda's best interest, as required by K.S.A. 44-531(a). Second, she claims the ALJ failed to comply with K.A.R. 51-3-9, which requires a claimant to testify that he or she has read the medical reports introduced as evidence at the settlement hearing, or has had the reports read to him or her, and that the claimant fully understands the medical evidence regarding disability. Finally, Grajeda claims the settlement should not have been approved because the ALJ failed to determine whether Grajeda had been back to work for more than 9 months, as required by K.S.A. 44-531(a).
After considering Grajeda's appeal and hearing arguments from both sides, the Board neither approved nor set aside Grajeda's lump sum settlement award. Instead, the Board remanded Grajeda's claim to an ALJ for the parties to present evidence and for the ALJ to address Grajeda's request to set aside the settlement award. Both sides are now requesting this court to address the merits of whether Grajeda's claim should be approved or set aside. We decline to do so without a final order from the agency. Clearly, it would be premature for this court to address the merits of the substantive claims. The parties should first be allowed to compile an evidentiary record for the ALJ to address Grajeda's request to set aside the settlement award. The ALJ's decision will then be subject to review by the Board. Once the Board has entered a final order, the issue will be ripe for appellate review. See Williams v. General Electric Company, 27 Kan. App. 2d 792, 793, 9 P.3d 1267 (1999) (order remanding for further factual findings by an administrative agency is not appealable in the absence of exceptional circumstances).
Affirmed in part, dismissed in part, and remanded.


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Fabric Bundles and Paper Piecing
It's been a flurry in my house this week as we prepare for a bit of downtime next week for Spring Break. Between some quilt designing, laundry folding and errand running, not a ton of sewing got done. That's ok, I did do a lot of prep work for my next project.
Isn't that fabric up there pretty? That is a really fun Fat Quarter bundle I put together for Fabric Spark. (And yes, you can buy your own!) I'm so happy with how it turned out! I'm sort of picturing tiny wonky stars made out of those colors, but not totally sure yet.
I did cut all my fabric for my Shimmer blog hop project this week. And my paper piecing templates.
Next time I sit at the sewing machine, I should just fly through these blocks (hopefully!) These are pretty similar to the Arkansas Traveler blocks.
Things will be a bit quiet here over the next week while I take a little break with my family. I hope to be nice and relaxed when I return! :)


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"Plus, each train has been fixed and modified so many times over the years, not one is identical. They needed "a unique wiring diagram for every single train."
This should also raise major concerns about the procurement system and basic build of the units. Over their long lives the designers should assume that nearly every part will require repair or replacement so the idea that every fix had to solve a problem in any kind of unique way, may mean that they were all workarounds to deal with cars that were never designed for ongoing maintenance beyond routine scheduled maintenance.


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Naked stunt held on Hastings beach
Published on by Luke Withers (author)
A flash mob stripped on Hastings beach yesterday
Gay people in Hastings want better treatment at work
Published on by Jordan Hogan (author)
Local LGB say that they would like their employers to be more 'gay friendly' after seeing Stonewall's report last week.
Police to offer awareness courses for drivers breaking 20mph limit
Published on by Chris Flynn (author)
New speed awareness courses will be offered specifically to motorists who are caught speeding in 20mph zones by Sussex Police
Hastings is the ninth best place to live and work
Published on by Aakash Nath (author)
Yahoo finance worked this out by looking at the different statistics from the Centre for cities report.
Hastings Councillor deems badger cull obscene
Published on by Bridey Swarbrick (author)
Phil Scott, Cllr for Hollington and Wishing Tree, has criticised East Sussex County Council for not banning the badger cull sooner.


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Common traits of some high-performing staffing firms
By Sona Sharma
The Great Recession has brought whole countries to their knees. Many industries have shared the same fate. The staffing industry was no exception, with revenue falling 5 percent and 27 percent in 2008 and 2009, respectively.
However, there are those that not just defied the great recession, but stood tall. Indeed, 42 not only managed to continue to grow, but did so enough to land on Staffing Industry Analysts' 2011 list of Fastest-Growing U.S. Staffing Firms. They are the new breed. To qualify for the list, staffing firms had to post at least $1 million in revenue in 2006 and have a compound annual revenue organic growth of at least 15 percent between 2006 and 2010.
How were these firms able to achieve extraordinary results in the face of a downturn? What differentiates them from the rest?
We took a close look at the firms on our list to understand how they did it. In the process, we noticed some common characteristics shared by these firms. Additionally, we identified a few business models that are likely propelling growth for some of the staffing firms. Of course, there is no guarantee that emulating these business models would yield similar results for other firms; the secret lies in the execution of the business strategy. Still, some key concepts implemented by these firms may be applied to a business to enhance performance and value.
Leading the Pack
The top 10 fastest-growing U.S. staffing firms had a median compound annual growth rate of 39.8 percent. Eight of them focused on information technology staffing. The other two provided industrial staffing. Overall, 27 of these 42 firms on the 2011 Fastest-Growing U.S. Staffing Firms list reported IT staffing to be their top segment.
Ten companies missed making our list in 2011 — either because they did not have revenue of $1 million in 2006 or they fell just short of the required 15 percent compound annual growth rate. Mirroring the top 10 fastest-growing firms, eight of these runners-up reported IT staffing to be their top segment.
It is quite evident from these companies' results that the IT staffing market has been outperforming other segments of staffing. At the same time, the IT staffing industry also declined 4 percent in 2008 and 20 percent in 2009. Obviously, being on the list is no easy feat for those that made it.
IC Compliance & Payrolling Firms
We also saw the emergence of payrolling and compliance providers in the 2011 list. Independent contractor compliance has become a favorite issue with the Internal Revenue Service these days. No doubt, this is worrisome for buyers that employ large numbers of independent contractors as part of their contingent workforce. In fact, research from Staffing Industry Analysts shows that fewer than one in five buyers are confident that all their 1099/independent contractors are properly classified. Roughly half of the buyers reported they were not 100 percent compliant with required 1099/independent contractor classification, and another third had no idea whether they were compliant. Clearly, helping clients achieve peace of mind with IC compliance can be a big value-add that staffing firms can offer and some have started to provide these services with reasonable success. There are a few staffing firms that are also taking over the payrolling aspect of the business for their customers who are utilizing independent contractors. This model appears to be gaining steam.
Diversity Status
Another criterion that helps staffing firms attract attention is having diversity status. This appeals to buyers of staffing services that want to achieve their diversity goals by having these suppliers as part of their supply chain. Additionally, about half of the companies on this list have diversity status. While having diversity status definitely helps in generating and winning business, the jury is still out on the extent to which it helps. There are those in favor who believe that diversity status helps staffing firms gain value and get acquired.
Emerging Patterns
Another impressive statistic that jumps out when reviewing the Fastest-Growing U.S. Staffing Firms list is that 11 of the firms had revenue of more than $100 million in 2010.
It's easy for small companies to post impressive growth rates and make the list, observes Jim Childs, managing partner at Childs Advisory Partners. "But to make this list and still have 2010 revenue of over $100 million shows that you grew a lot in that timeframe on absolute dollar basis," he says.
According to Childs, who has been an avid follower and observer of the list over the years, two successful business models have emerged in the latter half of the decade among staffing firms that have made it to the list — the high-growth, local-branch model and the high-volume, centralized delivery model.
High-Growth, Local-Branch
This model relies on selling through the local branch network and in putting as many feet on the street as possible to work the clients. Many of these branch offices are like a business unit in themselves with a sales person and more than a couple of recruiters. This enables a more decentralized decision-making process that spurs quick growth. Of course, everything depends on the management's team's vision of how they want to grow their company. Insight Global and Apex Systems are following this model, Childs notes.
"The growth culture has to support the leaders' vision," says Kevin Knaul, director of strategy and corporate development at Indecon Solutions, an IT staffing and services firm that is No. 42 on the list. "This model attracts certain types of people who are career minded and it certainly is not for the nine-to-fivers who are looking merely to just collect a paycheck and get out.
"The second element is hiring, promotion and retention. It's about hiring inexperienced people into a vigorous system. So this type of a model does not typically look for five to 10 years of experience in staff. They're looking for younger folks who want to get behind a program, follow the leadership, and create a career. Often times it is athletes or people of a competitive nature that fit well into this environment."
As with anything else, the key to success is deciding on the growth strategy and sticking to it — determining the focus of the service offering, establishing processes and metrics and having the discipline to apply them to branches across the board.
High-Volume, Centralized Delivery
This model is the byproduct of the advent of workforce management tools, such as vendor management systems (VMS) and managed service providers (MSP), Childs says. These solutions have been adopted
by many large buyers of staffing services and have changed the process of how companies engage with their contingent workforce. In short, these solutions have made the process more centralized with considerable help from procurement. It works well for heavy users of contingent workforce as it enables the companies to have better control of their contingent worker spend.
Research shows that over the past five years or so, workforce solutions have become quite deeply entrenched among large buyers. According to Staffing Industry Analysts' survey of corporations that buy staffing services, about 72 percent of large companies already had a VMS in place in 2010. This usage is projected to grow to 74 percent in 2012. Similarly, usage of MSPs was pretty high for large companies. In 2010, about 66 percent of buyers said they're using MSPs, and in 2012 we expect this number to go up to 68 percent.
While many staffing firms have resisted working with these workforce solutions, there are some that have accepted the writing on the wall and formulated a strategy to work with large suppliers that use VMS and MSPs. Although the margins are lower, the volume is high and their costs are lower.
Artech Information Systems is one such firm that has embraced this model. With about $272 million in revenue in 2010, Artech was ranked No. 23 on the Fastest-Growing U.S. Staffing Firms list with 25 percent compound annual growth rate from 2006-2010.
Artech's business model is completely different from what Knaul described. It focuses on delivery rather than sales, says Ranjini Poddar, co-founder and president of Artech. Companies such as Artech are not only selling to the end customer, but also working with MSP sales channels.
"First of all, the target market is different. When our rep goes out and looks at all the prospects out there, our top prospects are those companies that have centralized procurement, that have high volume or relatively high volume staffing needs," Poddar said.
"Geography is not a factor in our decision," she says. While companies divvy up the geography among your sales force in the local model, Artech is looking for large volume users across the country. "We know that even if the prospect is in a geography where we don't have a significant presence, we can either service that customer through our centralized delivery model, or build enough local presence to service them. So our prospect list is not limited by geography," she adds.
While the gross profit percentage for the two models is quite different, with the local branch business model capturing higher gross margins, the centralized delivery model helps reduce the cost structure of a staffing firm. As the sales process to a high-volume customer using a vendor management systems is not that complex, the compensation structure offered to the customer can be lowered.
And while a combination of the two models is an option, such an approach would be more appropriate for larger staffing firms that have the ability to scale. For a relatively smaller firm, a focused strategy might yield better results.
"I think the takeaway for me is that no matter what model you employ, and there are certainly variations on these two, it really does come down to execution," Childs says. "So I think copying a model doesn't really help you be successful. It's really the day-in and day-out execution of it that makes a difference between the most successful firms and the rest. Clearly, simpler and focused appears to be a big common theme among the high performers."
Sona Sharma is senior research analyst at Staffing Industry Analysts. She can be reached at email@example.com.
2011 Fastest-Growing U.S. Staffing Firms
Ranked by compound average growth rate from 2006 to 2010
- WorkSource Inc.; Headquarters: West Des Moines, Iowa; Top staffing segment served: Industrial
- Rose International; Headquarters: St. Louis; Top staffing segment served: Information Technology
- Pinnacle Technical Resources; Headquarters: Dallas; Top staffing segment served: Information Technology
- TekPartners/MedPartners HIM; Headquarters: Fort Lauderdale, Fla.; Top staffing segment served: Information Technology
- Insight Global; Headquarters: Atlanta; Top staffing segment served: Information Technology
- Industrial Labor Management Group Inc.; Headquarters: Huntington Park, Calif.; Top staffing segment served: Industrial
- Digital Intelligence Systems; Headquarters: McLean, VA.; Top staffing segment served: Information Technology
- The Select Group; Headquarters: Raleigh, N.C.; Top staffing segment served: Information Technology
- Q Analysts; Headquarters: Santa Clara, Calif.; Top staffing segment served: Information Technology
- TalentBurst Inc.; Headquarters: Framingham, Mass.; Top staffing segment served: Information Technology
- Arrow Strategies LLC; Headquarters: Bingham Farms, Mich.; Top staffing segment served: Information Technology
- HealthCare Partners Inc.; Headquarters: Lawrenceville, Ga.; Top staffing segment served: Healthcare/Locum Tenens
- Amerit Family of Companies; Headquarters: Walnut Creek, Calif.; Top staffing segment served: Payrolling/Independent Contractor Compliance
- Employment Plus; Headquarters: Bloomington, Ind.; Top staffing segment served: Industrial
- Mindlance Inc.; Headquarters: Hoboken, N.J.; Top staffing segment served: Information Technology
- Portfolio Creative; Headquarters: Columbus, Ohio; Top staffing segment served: Marketing/Creative
- InfoGroup Northwest; Headquarters: Lake Oswego, Ore.; Top staffing segment served: Information Technology
- EdgeRock Technologies LLC; Headquarters: Boston; Top staffing segment served: Information Technology
- Populus Group LLC; Headquarters: Troy, Mich.; Top staffing segment served: Payrolling/Independent Contractor Compliance
- Akraya; Headquarters: Sunnyvale, Calif.; Top staffing segment served: Information Technology
For the full list of 42 firms along with precise growth rates, contact firstname.lastname@example.com.


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Tough Question for Fed: Time to Act?
Officials Could Decide This Week Whether to Begin Pulling Back on Bond Purchases
Federal Reserve officials face a delicate decision at their policy meeting this week, with stronger economic figures and a Washington budget deal adding fuel to the debate over whether to pull back on their signature bond-buying program.
Fed Chairman Ben Bernanke in June set out a three-part test—based on employment, growth and inflation—for reducing the $85 billion in monthly bond buys. He said the Fed's policy committee wants to see progress in the job market, supported by improving economic activity and an inflation rate...


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Who among us hasn't needed a mental health day at some point in our lives? In the vernacular, this just suggests a day where we take the day off from our work and household obligations to do nothing but relax. And relaxation isn't the only reason we take little time-outs from our daily lives: we call in sick to take care of our medical issues and we leave work early to watch our kids' sporting activities.
But most of us don't set aside the time we should to manage our personal finances - and managing them effectively definitely requires some time and attention.
Next time you get a personal day off or are on vacation, consider declaring it your 'Financial Health Day' and spending at least half the day tending to your money matters with laser beam focus. Ideally, do it on a weekday (and not a holiday), when the various financial institutions and vendors you may need to contact will be reachable via phone.
When you're ready to take your Financial Health Day, get organized by listing the things you'll want to handle that day line by line - don't forget to include the following:
1. Check your bank account statements. It's very easy to set subscription services and bill payments up for automatic deduction from our checking accounts, then just forget them entirely - hence the phrase, "set it and forget it!" That's actually the point, you might think. Financial Health Day is the day to take a half hour and just review your checking account statements from the last couple of months, line by line, looking for any subscriptions you no longer want or need. Then cancel them! Common ones include cable, app and magazine subscriptions.
Also, watch for auto-paid bills that have increased without your noticing, and give the providers a call to figure out why they went up and/or otherwise decide how you want to get them under control. Common offenders include home and auto insurance, cell phone bills, utility bills and the like.
One more thing - if you are so inclined, consider setting your checking accounts up on a service like Mint or Manilla - these free services not only allow you to manage multiple accounts in one place, they also offer instant charts and graphs that surface where your actual spending patterns may not jive with what you say your priorities are. For example, you might tell the service that your food bill should be 10% of your monthly spending or less; the service may tell you, in turn, that you're actually spending 15% of your cash out on food. Auditing your accounts for spending that is out of whack in this way can supercharge your cost-cutting goals.
2. Check your mortgage interest rate. The going rate for a 30-year home loan this week is 3.57 percent, according to Bankrate; 15 year mortgages are running at 2.97 percent. (These are prime interest rates, which take A-list credit scores and ample home equity to obtain.) But that doesn't necessarily mean that every homeowner with a mortgage rate over 4 percent should refinance! Refinancing your home loan can cost money, and it definitely extends the life of your mortgage (unless you make an intentional, strict plan to pay it off early). Talk with your financial planner and mortgage professional to do the math and see whether you should consider refinancing your home loan. (Hint: set your FHD to-do list up in advance, so you can make appointments with these and other professionals for that day.)
Additionally, keep one important thing in mind: your mortgage interest is the basis for the largest tax advantage of homeownership. If you refinance your home loan for one with a dramatically lower mortgage interest rate, you need to account for the possible increase in income tax liability that may result - it may offset some of the monthly savings you realize. Again, your financial planner and CPA should be able to help you calculate and plan for this, before you make any moves.
3. Check your PMI. If you put less than a 20 percent down payment into your home when you bought it, you were likely required by your lender to have a Private Mortgage Insurance (PMI) policy. PMI - insurance that protects your lender in the event you default on your mortgage - is not cheap. It can add hundreds of dollars to your monthly mortgage payment. FHA loans have their own version of PMI called a mortgage insurance premium, or MIP, which can run even more than PMI!
Fortunately, when the combination of paying the balance down and increases in its fair market value results in you having at least 20% equity in your home, you might be eligible to have the PMI removed from your mortgage loan, so you can stop paying for it. Even more fortunately, home values have been on the rise in many areas at a much faster rate than at any time since the recession. Your Fiscal Health Day is the perfect time to talk with your mortgage professional and your lender about what it will take to get the PMI removed from your home loan - you might even get a truly pleasant surprise and find that you're eligible right now!
(Side Note: FHA loans with less than 20 percent down are required to have MIP for the first five years of the loan, regardless of how much the home's value increases.)
4. Check your insurance. Gather up your homeowner's and other insurance statements, or call your agent(s) up and ask for a review. What you want to do is make sure that (a) you're appropriately insured for your exposure, and (b) you aren't paying more than you need to. Things like dogs, household staff, pools, your roof materials and your travel habits all may impact what amounts and types of insurance policies you'll need. Talk with your insurance agent and your financial planner, if you have one, to sort these matters out, and don't be afraid to shop around.
5. Check your phone, cable and internet bills. I had the same home telephone service provider my whole adult life until a couple of months ago. I decided I no longer needed a land line, but wanted to continue my internet service. Boy did I get the run-around when I called to make that change! So I hung up and called the number for a competing service provider about which I had heard rave reviews from my friends. After less than 20 minutes on the phone, I ended up switching services entirely and got home phone service, internet service and cable - including premium channels - for about 50 percent of what I had been paying for cable alone!
Don't let brand loyalty or inertia cost you hundreds of dollars a year. Reevaluate your phone, cable and internet services at least every other year - you might be surprised at how increased competition among vendors and the practice of "bundling" these services has brought prices down, and service levels up. My internet is twice as fast as it was before, and I haven't had one day down since I made the switch. One caveat - do watch for discounted introductory rates that increase substantially six months or a year into the relationship.
6. Check your savings. Do you have an automatic savings plan in place? If not, Financial Health Day is a great day to set that up with your bank. If you do, it's the right time to do a gut check: would it kill you to save an extra $50, $100 or $200 a month? If you can afford to, tweak your savings on Financial Health Day.
7. Check your credit. Pull your own credit reports from all three bureaus via AnnualCreditReport.com. Scan the reports for any inaccuracies and any delinquencies that should have aged off your report but have not (7 years for most, 10 years for bankruptcies). Then, initiate disputes for any of these things you find. This can take some time, but Financial Health Day is the perfect opportunity to assertively manage your credit before you're in refinance or home buying crunch-time.
8. Check your debt. Monitor all of your debt - from your mortgage, to your consumer debt to your student and auto loans - and put a plan in place for getting rid of as much of it as you can, as soon as you can. Can you afford to make an extra payment toward your mortgage? Can you pay that credit card off? As you've worked through the rest of your finances, you have likely 'found' money, which you'll now be saving and can redirect toward the very worthy aim of debt elimination. So, do! Maybe you'll find enough to pay something off outright - if not, perhaps you can use your Financial Health Day to set up a recurring extra payment or modify your existing auto-payments to increase them by even a small bit. But if all you can do is make a modest extra payment toward these things on your actual Financial Health Day itself, you'll still end the day a little further ahead than you were when you got started.
And that's not all! There are plenty of other financial matters that make sense to allocate time and energy toward on Financial Health Day, from your estate planning to your investments. New York Times writer Ron Lieber has put together a resource-rich set of materials, including videos and a customizable checklist, for what he calls a Financial Tuneup - use them to round out the rest of your Financial Health Day or, if you're like me, to set your agenda for Financial Health Day #2!
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