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Supreme Court Affirms Dismissal of Claim for Additional TTD as Time-Barred

The Kentucky Supreme Court upheld the dismissal of a worker’s challenge to the termination of her temporary total disability benefits as time-bared. Case: Arndt v. Jefferson County Public Schools, No. 2023-SC-0377-WC,…




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Court Upholds Denial of Benefits for Cumulative Trauma Claim

The Kentucky Court of Appeals upheld the denial of a worker’s claim for multiple injuries from two alleged on-the-job falls and cumulative trauma. Case: Hardin v. Ford Motor Co., No. 2023-CA-1250-WC,…




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Supreme Court Upholds Award for Worker With Back Injury, Psychological Condition

The Kentucky Supreme Court upheld an award of benefits for a worker for a back injury with psychological overlay. Case: Laboratory Corporation of America v. Smith, No. 2023-SC-0479-WC, 08/22/2024, published. Facts: Hunter…




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Court Upholds Award for Worker With Cumulative Trauma Back Injury

The Kentucky Court of Appeals upheld an award of benefits for a worker with a cumulative trauma back injury. Case: Martin Marietta Materials Inc. v. Stamper, No. 2024-CA-0727-WC, 08/23/2024, unpublished. Facts: James Stamper…




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Court Remands Worker's PTD Claim for Fourth Time

The Kentucky Court of Appeals remanded a worker’s claim for permanent total disability benefits to an administrative law judge for the fourth time because of deficiencies in the causation analysis. Case:…




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Court Upholds Calculation of Worker's AWW, Denial of Statutory Multiplier

The Kentucky Court of Appeals upheld the calculation of an injured worker’s average weekly wage and a determination that her award was not subject to a multiplier. Case: Burks v. United…




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Court Upholds Denial of Coverage for Worker's Opioid Medication

The Kentucky Court of Appeals upheld the denial of coverage for a worker’s opioid medication. Case: Howell v. Floyd County Board of Education, No. 2024-CA-0122-WC, 10/18/2024, unpublished. Facts and procedural history: Judy…




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Supreme Court Says Traveling Worker Suffered Compensable Fall While Souvenir Shopping

The Kentucky Supreme Court ruled that a traveling worker was entitled to benefits for her injuries from a fall while leaving her hotel to go souvenir shopping. Kimminee Costello worked for…




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Split Supreme Court Awards PTD Benefits to Worker for Electric Shock Injuries

A divided South Dakota Supreme Court ruled that a worker was entitled to permanent total disability benefits for his electric shock injuries, finding he developed both a cardiac condition and…




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Court Orders DLI to Decide Reasonableness of Worker's Refusal to Attend Appointment

The Montana Workers’ Compensation Court ruled that the Department of Labor & Industry needed to make a finding as to the reasonableness of a worker’s refusal to attend a therapy…




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Court Overturns Denial of Employer's Motion for Costs as Partially Prevailing Party

A Florida appellate court overturned a judge’s decision denying an employer’s motion for costs as a prevailing party on a worker’s claim. Frances Smith worked for the Palm Beach County School…




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Federal Court Upholds Conviction for Pharmacy Kickback Scheme, Overturns Restitution Order

A federal appellate court upheld a defendant’s conviction for a long-running and lucrative kickback scheme but overturned the restitution order that had been imposed. Case: U.S. v. Young, Nos. 20-13091 and…




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CFO Asks Court to Revisit Definition of Heart Disease for Presumptive Claims

Florida's Chief Financial Officer is asking the state's 1st District Court of Appeal to revisit its definition of heart disease under a 2023 decision dealing with presumptive claims by first…




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Court Upholds Worker's Entitlement to Further Medical Care

An Arizona appellate court upheld a determination that a worker was entitled to additional treatment as he had not reached a medically stationary state. Case: Tenet Health System Medical v. Industrial…




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Court Upholds Denial of Worker's Request to Reopen Car Accident Claim

The Arizona Court of Appeals upheld the denial of a worker’s request to reopen his claim arising out of a car accident. Case: Parr v. Industrial Commission, No. 1 CA-IC 23-0018,…




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Court Upholds Dismissal of Municipal Employee's Tort Suit Against Employer

A Louisiana appellate court upheld the summary dismissal of a municipal employee’s suit against her employer for her injuries from a fall allegedly caused by the city’s negligence in maintaining…




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Court Holds Guaranty Association Liable for Worker's Mesothelioma Benefits

A Louisiana appellate court ruled that the state insurance guaranty association was liable for covering the obligations of two insolvent insurance carriers for a worker’s mesothelioma. Case: Ehlers v. Ports America…




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Court Upholds Award for Carpal Tunnel, Denies Employer's Request to Take Offset

A Louisiana appellate court upheld an award of benefits for a worker with carpal tunnel syndrome and ruled that his employer was not entitled to an offset against its liability. Case: Caldwell…




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Federal Court Finds Worker Doesn't Qualify as Jones Act Seaman

The 5th U.S. Circuit Court of Appeals upheld a determination that a worker did not qualify as a Jones Act seaman. Case: Edwards v. InterMoor Inc., No. 23-30727, 08/29/2024, unpublished. Facts: Lawrence…




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Court Overturns Approval for Change in Doctors, Denies Forfeiture Claim

A Louisiana appellate court overturned a judge’s decision approving a worker’s change of physician but upheld the denial of the employer’s request for a forfeiture of benefits. Case: Southern v. Servpro…




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Appeals Court Partially Reverses Employer's Win

A Louisiana appellate court overturned a finding that a worker’s stiff person syndrome was not related to her work accident, and a finding that she was capable of engaging in gainful employment…




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High Court: No Compensation for Jouster Injured at Renaissance Festival

The Louisiana Supreme Court declined to hear the appeal of a decision finding that a man injured while jousting was excluded from the state's workers' compensation system. On Tuesday, a 6-1…




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Supreme Court Says Injured Worker Using False Identity Can't Pursue 3rd Party Tort Claim

The Louisiana Supreme Court ruled that an injured worker lost his ability to pursue a civil suit he had filed under a false name and an illegally obtained identity. Rafael Antonio…




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Court Upholds Denial of Worker's Claim for PTD

The South Carolina Court of Appeals upheld the denial of a worker’s claim for permanent total disability benefits. Case: Cox v. Palmetto State Transportation, No. 2019-001936, 05/29/2024, unpublished. Facts: Jennie Cox allegedly…




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Supreme Court Reinstates PTD Award for Worker With Back Injury

The South Carolina Supreme Court reinstated an award of permanent total disability benefits for a worker who lost the use of his back, despite the low impairment ratings he had received. Case: Paulino…




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Court Upholds Summary Dismissal of Worker's Defamation Claims Against Employer

The South Carolina Court of Appeals upheld the summary dismissal of a worker’s defamation claim against his employer for alleged statements made after he appeared to suffer an on-the-job injury. Case:…




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Court Upholds Award of Benefits to Nurse, Corrects AWW Calculation

The South Carolina Court of Appeals ruled that an injured nurse was entitled to benefits for a closed period and that the Workers’ Compensation Commission erred in calculating her average weekly wage. Rachel…




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High Court Questions Viability of Defense Based on Worker's Failure to Disclose Prior Injury

The South Carolina Supreme Court upheld a finding that a worker was entitled to benefits for a back injury, but it questioned the continued viability of its case law allowing…




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Supreme Court Clarifies Statutory Review Process for Comp Cases

The South Carolina Supreme Court seized an opportunity to clarify the statutory review process for workers' compensation cases in addressing an injured correctional officer’s long-pending claim. Gena Cain Davis worked as…




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Court Revives Civil Suit Over Worker's Fatal Heart Attack

The South Carolina Court of Appeals overturned a grant of summary judgment dismissing a lawsuit against an employer and its in-house nurses, alleging that they failed to provide adequate treatment to a…




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Supreme Court Reissues Decision Questioning Its Own Precedent

The South Carolina Supreme Court reissued its decision upholding an injured worker’s award but questioned the continued viability of its case law allowing an employer to base its defense on a…




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Court Upholds Denial of Worker's Request to Modify Award

The Kansas Court of Appeals upheld a decision of the Workers’ Compensation Appeals Board denying a government employee’s request for a modification of her award. Case: Jackson v. Johnson County, No.




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Court Rejects Constitutional Challenges to Lack of Jury Trial, Cap on Benefits

The Kansas Court of Appeals rejected a widower’s constitutional challenges to the lack of a jury trial in workers’ compensation matters and the statutory cap on the benefits payable for…




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Federal Court Upholds Jury's Finding That UPS Didn't Discriminate Against Injured Worker

A federal appellate court upheld a jury verdict finding an employer had not discriminated against an injured employee. Case: Donahue v. United Parcel Service, Nos. 22-3132 and 22-3142, 08/12/2024, published. Facts: William…




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Happy with your life? Research links contentment with fewer heart attacks and strokes

Research Highlights: People who are satisfied with their lives or feel contentment or well-being may be less likely to develop heart disease and stroke than their unsatisfied counterparts. The analysis of health records for more than 120,000 adults...




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Reviewing your photographs from Older Archives


Sometimes its just plain fun to go through your archive of older photos. Now with a distant memory of the scenes and events your photographs may appear better than previous scans. This is in part due to that at the time there are too many good photos and those not with the highest rating but still with merit tend to get drowned out.


This image was taken at one of the great Buddhas in Kamakura Japan. The hawk like bird may seem small but this Buddha is very large.  Without the bird it would be hard to understand the scale of this image. It could be in anyone’s home garden. Besides scale the bird helps to give height to statue as there is the appearance that the head is up high where birds soar.


The next image with people in it does convey the scale of the Buddha. In theses type of metal statues the green colors are soft and muted and it is easy for green foliage to overpower the scene. That is why I have mute the greens in the background to give the Buddha statue more visual punch.

The Great Buddha of Kamakura (Kamakura Daibutsu) is a bronze statue of Amida Buddha, which stands on the grounds of Kotokuin Temple.  It's the second tallest bronze Buddha statue in Japan, at a height of 13.35 meters, surpassed only by the statue in Nara's Todaiji Temple.
The statue was originally built in 1252 and located inside a large temple hall. The temple buildings were destroyed many times by typhoons and a tidal wave in the 14th and 15th centuries. So, since 1495, the Buddha has been standing in the open ground. 

Do take the time to review your collection as there may be hidden gold or at least fond memories of places you've been.


Niels Henriksen.




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Why Photographing Hats Can Improve Your Street People Photography

This wasn’t something that I consciously knew, maybe deep down we all tend to know these types of things, but something I discovered while undertaking a new photography project in San Miguel de Allende.


There are many, many ideas to photograph in San Miguel. Doors are a very common theme, I did one last year and one I am continuing this year. I was looking for something different and with the almost constant blue skies and bright sun, even stronger at 6,800 feet, most people if not all the gringos wear hats.


Everyday I walk around photographing almost anything and everything. Great fun and focusing on Hats gave me a new challenge.


I am reserved when it comes to photographing people out and about on the street. I feel reluctant to invade their privacy but deep down I love how people relate and engage the city streets. Here in Mexico, being such a tourist destination, the locals are even more wary of being photographed and many times hide there face or just look away. If a person is not comfortable with their photo being taken I won't take it.

A different type of sun covering

When I photographed street people I tended to hesitate too long (should I or not) with taking the shot and the impromptu moment was lost as they tended to now be aware of the camera.

This man is not praying but doing close-up photography of the cactus

I found out after the fact that when I was just focusing on people's hats I tended to think less of the person and more on the object of the hat. This allowed me to be quicker with the decision to shoot and also it allowed me to shoot more often.

Who wouldn't love this big Mexican hat

Because I was focusing on an object it even allowed me to approach people and ask then if I could photograph them with their hat as this was a project of mine. I think people felt more comfortable in letting me photograph them because I wasn't really just photographing them. It was an inanimate object and somehow that was OK.

A hatted man with lots of hats

I suggest you give yourself a try at this project and see if you don't now photograph more people.

Niels Henriksen







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In victory for public health, federal appeals court upholds FDA’s graphic cigarette warnings

WASHINGTON, D.C. – In a major victory for public health, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has unanimously upheld graphic  health warnings on cigarette packs and advertising required under a 2020 FDA rule. This...




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Supreme Court decision to overturn ‘Chevron deference’ threatens to disrupt public health care system

WASHINGTON, D.C., June 28, 2024 — Today, the Supreme Court of the United States announced its decision on the Loper Bright Enterprises v. Raimondo case and its companion case, Relentless v. Dept. of Commerce. The majority’s opinion abolishes the rule of...




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One year following court-ordered deadline, FDA must rule on remaining premarket tobacco applications

DALLAS, September 9, 2022 — Following is a statement from the American Heart Association, the world’s leading voluntary organization focused on heart and brain health: “One year after a court-ordered deadline to determine whether flavored e-cigarette ...




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This is Our Lane - Too: Joint Statement on the Maternal Health Crisis from the Association of Black Cardiologists, American College of Cardiology and American Heart Association

This Mother’s Day and beyond, as cardiologists we care for the fate of all women. The death of a woman during pregnancy, at delivery, or soon after childbirth is an immeasurable tragedy for her family as well as society at large. Urgent action is ...




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Fear of another heart attack may be a major source of ongoing stress for survivors

Research Highlights: Fear of another heart attack was a significant ongoing contributor to how heart attack survivors perceive their health, according to a new study. While anxiety and depression are recognized as common conditions after a heart ...




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How to Clean up Your Photo Backgrounds in Photoshop

In retouching you see this quite frequently, whether you're using seamless paper, vinyl, a fabric hanging or a purpose built infinity cove, it's going to get dirty. You have a couple of options, one is to check out some reviews on Amazon for handheld vacuum cleaners and have your assistant scoot around with it between shots. The other more sensible option, which we'll cover here, is to solve it in post, in this case using Adobe Photoshop.




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ESC and Design Sojourn’s Innovating for Sustainability Programme Offers Grant Support for Singaporean Companies

ESC, the leading sustainability consultancy in Asia, and Design Sojourn, a renowned design thinking and innovation consultancy, have partnered to launch the Innovating for Sustainability Programme (ISP). This new programme aims to help Singaporean companies capture new innovative business opportunities and enhance their capabilities in...

The post ESC and Design Sojourn’s Innovating for Sustainability Programme Offers Grant Support for Singaporean Companies appeared first on Design Sojourn. Please click above if you cannot see this post.




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Website tracking & addressing your privacy

On our website designworkplan we used Google Analytics for collecting visitors data. When we started the blog way back in 2008 it was a good way to find out which content viewers of our website liked and disliked. A user-friendly dashboard to find out important metrics related to viewers of the website.

Google Analytics gave us insights on popular pages and were people visited our website from. This allowed us to target those audiences more and as a result we gained traction to our (design) website. Our content evolves around design, typography and wayfinding. Wayfinding is a design niche that focusses at connecting people to information and environments.

If you want to learn more about wayfinding, please read our page Introduction to Wayfinding.

Over time Google Analytics grew in complexity to an extend we have a hard time understanding the metrics shown in the dashboards.

Google Analytics back to the future

In the beginning Google Analytics was plain and simple, the right fit for our design content. As a content creator we are interested in how visitors perceive information on our website. Information about popular pages, demographics and referral sources are meaningful for establishing an understanding of what visitors are looking for.

Privacy and data collection

Over time we realized Google used our collected data for their benefits. Although Google says to “never” sell any personal information. The collective gathered information through Google Analytics is an immense source of valuable information about browser behaviour online. Not only it provides information on topics people are interested in, it also gives information about reading time, bounce rates and related information people are interested in. Maybe Google doesn’t use the information gathered from our website, but sure it can create a broader sense of what people in general are interested in.

As Google remains to control most of the internet search queries and related internet services such as advertising. Google can combine Analytics and Adwords to maximize their profit ratio. In other words, we believe as Google has a tremendous amount of information from the Analytics part of their database. The Adwords part of Google will benefit from this information, as they are familiar with what people search for and what related information people would be interested in.

Our most popular posts on the blog

Over the years we have published many articles on the blog. Via our visitors data tracking we could see these are our most popular posts:

Our series about typography did very well over the last years, including the following articles:

Our book series are popular with the following reviews:

Over the years we have continued our writing, consider looking at our blog to learn more about wayfinding.

Seamless reading experience

We are wayfinding and information designers. Our core services evolve around information, people and places. Connecting information at the right time and place. As we are browsing the internet, the reading experiences are mostly dreadful. Pop-ups, reminders, boxes, ads, etc.

At our website we want people to enjoy our content, without having to read privacy policies and forcing visitors to click "Accept" buttons. We want to create a seamless reading experience without distractions.

The brilliant website How I Experience Web Today is a fantastic example of most browsing experiences today. So familiar, yet so disappointing experiences.

According to research the average internet user spends ~3 hours online every day, visiting anywhere from 5 up-tp 100 website each day. Imagine the time lost for accepting all those cookies each and every day.

Recently it came to our attention that Google Analytics is in conflicts with European regulations and is not fully GDPR complaint. In relationship to the cookie, accept privacy terms and UX issues it got us to rethink the analytics part of our website.

From past to present

As we want to comply to European guidelines regarding data collection and to create a seamless reading experience, we started to seek an alternative for Google Analytics.

As also found Google Analytics was found illegal in an Austrian court decision. The details of that decision can be found here

From here our search began looking for an alternative way to collect visitors data at our website. We have tried other different analytics services, which include:

  • Matomo analytics, a self hosted analytics service. Comes with many features and is free to use. We have found installing the software and dashboard somewhat complicated to use.
  • Statscounter, great alternative. The dashboard has a good UX design and the service has many features to track visitors behaviour. Statscounter is an anonymous web tracking service which is good to become GDPR compliant. The paid version starts at $19,- per month.
  • Fathom, a very user friendly interface, cookie-free and GDPR proof with anonymous web tracking. Starting at $14,- per month. ($140,- p/y)

Our research was plain simple, trying out the services as mentioned above for ~14 days. The experiment gave us insights on what we wanted to see in our analytics, useful metrics, ease of use, GDPR free. As running websites is NOT our daily focus, we found out our needs are UX and ease of use based. Meaning a single dashboard solution, main metrics and great UX design. In our quest for the Google Analytics alternative we landed at Fathom Analytics.

Example Fathom Analytics Dashboard

Use Fathom Analytics

Our basic requirements are formulated as following:

  • GDPR Proof and anonymous pageview tracking
  • Fast loading script, by-passing ad blockers and no cookies
  • Easy to use dashboard, in one overview
  • Information about pages, average time on site/page and traffic sources
  • Information about devices, browsers and countries
  • Possibility to track specific actions or events on webpages (easy funnel)
  • Track multiple websites in one dashboard/account

As we deploy multiple websites, a single dashboard solution is ideal to gain overview insights on performance.

Reading experience & privacy

Our website and content creation is focussed on providing niche information for design, typography and wayfinding. In our opinion Google Analytics has become a complex platform with too many functionalities. We understand that professional website creators and builders could use Google Analytics to its full potential. We simply want to put out great content and gather information about the visitors to our website.

Our goal is provide a visitor to our website a seamless reading experience and enjoying our content without annoying pop-ups or related privacy issues.

From now on forward we have disabled Google Analytics from our websites and are fully compliant with European regulation around collecting information from visitors on our website.

Fathom is a paid service which collects anonymous data from visitors on our websites. We are using a $140,- yearly plan for collecting visitors data from our websites.

Full disclosure

We work as a designers for Google Offices, where we develop and create wayfinding solutions for their visitors and employees. We respect Google for their vision and the way how they organize their workplaces, people and environments. At our website (designworkplan) we have chosen to use fathom for reasons stated in this article. We are not paid or sponsored by usefathom. If you want to support us, please use our affiliate link below.

Final thoughts

This post is different from our usual design content, we wanted to be fully transparant in the way how we collect visitors data from our websites. Consider thinking about the way you collect visitors data at your website(s).


If you are planning to use Fathom, consider using our referral link (highly appreciated) Use Fathom referral code CCPSXY


Frequently Asked Questions (FAQ)

What is GDPR?

Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Data Protection Directive). Link to GDPR




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6 Way to Upgrade the Look of Your WordPress

Your website can be two things: an asset, or just there. The difference between the two can be very subtle, but have an online asset can drive business like you’ve never imagined. So, how do you turn your website from a random property into an asset for your business? By focusing on two major factors: style and performance. Get a New Theme One of the easiest ways to upgrade the look and feel of your WordPress website is by picking a new theme. There are tons of themes out there to choose from, so you just have to find the

The post 6 Way to Upgrade the Look of Your WordPress appeared first on Photoshop Lady.




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How to Make Your Personalized PhotoBook Easily

Photographs are an incredible tool for preserving memories in tangible forms. Not only it captures your most treasured moments but also keeps the sentiment intact no matter when you look at it. PhotoBooks are where we maintain and keep our photographic collection. There are many reasons to make photo book in today’s technologically advancing world. They allow your loved ones and family to reminisce your special moments for years to come. When you create a PhotoBook you make sure your memorable moments stand the test of time. Since photo albums capture and preserve life’s moments, they make fantastic gifting options.

The post How to Make Your Personalized PhotoBook Easily appeared first on Photoshop Lady.




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The Best 13 Tools & Resources for Designers and Agencies for 2023

There is a huge variety of free and premium web design tools and resources to choose from to help you create stunning websites. They range from complete website design platforms to design frameworks and wireframing tools to plugins featuring “must have” functionalities. And, a whole lot of things in between. These design tools and resources […]

The post The Best 13 Tools & Resources for Designers and Agencies for 2023 appeared first on WebAppers.




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Top 11 WooCommerce Themes to Elevate Your Online Store in 2023

Do you need a little inspiration to help you get started on a long-awaited online store design project. One of the best places to find it is a WordPress theme.  The problem is, there are so many themes to choose from. You’re going to have to sift through a number of them to find a […]

The post Top 11 WooCommerce Themes to Elevate Your Online Store in 2023 appeared first on WebAppers.




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15 Great Tools & Resources for Designers & Agencies in 2024

It’s 2024 and the number of web design resources and tools on the market seems overwhelming. That’s good news since you need the right tools and resources to come up with competitive designs. The bad news is, rather than sifting through thousands of products to get the ones that best meet your needs you might […]

The post 15 Great Tools & Resources for Designers & Agencies in 2024 appeared first on WebAppers.