ul

A Practical Approach to Using the MTUS & Formulary Wisely to Avoid Treatment Denials

Whether you are an employer, claims examiner, medical provider or attorney, this program will provide you with a clear understanding and practical approach of how the MTUS and Formulary to…




ul

Handling Cases of Serious & Willful Misconduct of the Employer-Review and Practice Hints

This program provides a guide to handling cases of serious and willful misconduct of employers. Examining various reviews and practice hints, Frank Christine III, Esq. will offer a review of…




ul

Worker Failed to Prove Injuries from Alleged Assault by Colleague

A New York appellate court ruled that a worker was not entitled to benefits for injuries from an alleged assault by a coworker. Case: Matter of Lebeau v. Meet Caregivers Inc.,…




ul

L&I Announces Ergonomic Rule Development

The Washington State Department of Labor and Industries announced that it opened rulemaking for ergonomic regulations that would apply to airline ground crews. State lawmakers in 2023 enacted Senate Bill 5217,…




ul

DWC Adds Attorney Consultation Notice to Workplace Poster

The California Division of Workers’ Compensation updated a poster employers are required to display in the workplace to add language advising people of their right to consult an attorney following…




ul

Worker's Schedule Loss of Use for Prior Accident Can't Be Deducted from SLU for New Injury

A New York appellate court overturned a decision deducting the schedule loss of use for a worker’s prior shoulder injury from the schedule loss of use for a later arm…




ul

AG Says State Could Get $122M in Kroger Opioid Settlement

California Attorney General Rob Bonta announced the state could receive up to $122 million from Kroger through a settlement that resolves allegations that the grocery chain failed to oversee the…




ul

Worker Should Have Been Granted Partial Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker should have been granted partial summary judgment on his Labor Law claim for a trip-and-fall injury on a construction site. Case: Guzman-Saquisili v.




ul

2022 CA Case Law and WCAB Rules Update

It has been two years since WorkCompCentral's last Case Law Update or an update on the WCAB rules and regulations. Join us for a half-day webinar focused on Case Law…




ul

California WC Calculators 101

Join Judge Clint Feddersen as he provides an overview of WorkCompCentral’s California workers’ compensation calculators in a live demonstration of our online calculators. …




ul

2024 Regulatory and Issues Forecast

This discussion, presented by HIRMA, will cover regulations and risk management issues impacting attendees organizations in 2024.




ul

Employer Partially Liable for Disability Can Claim Full Social Security Offset

The Supreme Judicial Court of Maine ruled that an employer was entitled to take the full Social Security offset against its obligation for a worker’s benefits even though it was…




ul

Court Has Jurisdiction Over Worker's Tort Suit for Sexual Assault

The North Carolina Court of Appeals ruled that the Industrial Commission did not have exclusive jurisdiction over a worker’s injury claim based on alleged sexual assault by a work-release inmate…




ul

Court Upholds Calculation of Pipe Fitter's AWW

The North Carolina Court of Appeals upheld the calculation of a union pipe fitter’s average weekly wage from a project where he was injured. Merck Pharmaceutical contracted with Jacobs Project Management…




ul

Exposure Testing Law for Air Ambulance Workers Takes Effect

A law requiring the Ohio Bureau of Workers’ Compensation and self-insured public employers to pay for diagnostic testing after air ambulance workers are exposed to certain hazards takes effect today. Gov.




ul

Court Clarifies Extent to Which Partial Amputation Results in Total Loss

An Ohio appellate court ruled that if a worker’s injury results in the severance of some part of the proximal phalanx, the injury must be treated as a loss of…




ul

BWC Rules Up for Review

The Ohio Bureau of Workers’ Compensation announced that a handful of rules are up for review. The BWC said its claims procedure rules in Chamber 4123-3, as well as the miscellaneous…




ul

Worker's Fraud Results in Award Declared Overpayment

An Ohio appellate court rescinded a worker’s award of permanent total disability benefits, finding he had engaged in fraud by collecting compensation while he was working. Kenneth G. Holbrook worked for…




ul

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,…




ul

Injured Ironworker Not Entitled to Benefits for Additional Conditions, Statutory Multiplier

The Kentucky Court of Appeals ruled that an injured ironworker was not entitled to benefits for additional conditions, nor was he entitled to a statutory enhancement on his permanent partial…




ul

Workplace Safety Regulators Set Training Event

The Kentucky Division of Occupational Safety and Health is holding a free safety training event this month. The four-day event will include sessions exploring effective safety and health management programs and…




ul

Assembly Line Worker Gets Benefits Plus Multiplier for RT Injury

The Kentucky Court of Appeals upheld an award of benefits to an injured assembly line worker, plus medical benefits and a three-multiplier. Case: General Motors LLC v. Smith, No. 2024-CA-0367-WC, 07/12/2024,…




ul

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…




ul

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…




ul

AWW Calculation Includes Lump-Sum Vacation Pay

The Kentucky Court of Appeals upheld the calculation of a worker’s average weekly wage that includes a lump sum of vacation pay with her wages, and it denied review of the…




ul

DLI Rules Would Authorize Max Penalty for Misclassification

The Montana Department of Labor and Industry proposed rules that would add intentional misclassification to the list of violations that justify assessing the maximum penalty. The department will hold a hearing…




ul

Lack of Objective Medical Evidence Results in Summary Denial of TTD Claim

The Montana Workers’ Compensation Court granted summary judgment denying a worker’s request for additional temporary total disability benefits because he failed to offer objective medical findings of his alleged chronic headaches. Case:…




ul

Judge Whiffs in Calculating Pro Baseball Player's Average Weekly Wage

A Florida appellate court ruled that a judge of compensation claims erroneously calculated a minor league baseball player’s average weekly wage. Austin Sodders entered into a seven-year minor league contract with…




ul

DWC Publishes Fee Schedule

The Florida Division of Workers’ Compensation published the state's 2024 medical fee schedule. The schedule of maximum reimbursement allowances for physician and nonhospital services takes effect Jan. 1. The fee schedule is…




ul

Employer Entitled to Recover Full Lien From Worker's Third-Party Settlement

A Florida appellate court overturned a judge’s determination that an employer was not entitled to recover the full amount of its lien against an injured worker's third-party settlement. Regina Akins suffered…




ul

DWC Posts Rulemaking Notice for Fee Schedule, Related Documents

The Florida Division of Workers’ Compensation posted a notice of development of rulemaking to implement the most recent edition of its health care provider fee schedule and related documents. The DWC…




ul

Employer Should Have Been Granted Continuance After Doctor's Unexpected Change in Opinion

A Florida appellate court ruled that an employer should have been granted a continuance after its medical expert expressed an unforeseen change in opinion shortly before the scheduled hearing on…




ul

Injured Firefighter Successfully Challenges Reduction in Benefits

A Louisiana appellate court ruled that an injured firefighter’s benefits were wrongly reduced and that he was entitled to full reinstatement, plus an award of penalties and attorney fees. Case: Prevost…




ul

WCC: Amended Rules Allow Electronic Payment

The South Carolina Workers’ Compensation Commission adopted new benefit payment rules after lawmakers permitted the agency to allow electronic payments. The commission on Friday published a statement announcing that the new…




ul

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…




ul

Cardiovascular care centered on the patient is key and helps improve equity and outcomes

Statement Highlights: Patient-centered care establishes a respectful partnership among the health care team, the patient and caregivers to make shared decisions about management tailored to the patients’ beliefs, preferences and...




ul

Adults with congenital heart disease faced higher risk of abnormal heart rhythms

Research Highlights: Almost 1 in 5 adults with congenital heart disease living in Israel had or developed an abnormal heart rhythm over five years. Adults with congenital heart disease who developed an irregular heart rhythm in the heart’s upper...




ul

El diagnóstico y tratamiento tempranos de la enfermedad arterial periférica son esenciales para mejorar los resultados y reducir el riesgo de amputación

Aspectos destacados de la guía: La nueva guía conjunta de la American Heart Association (la Asociación Americana del Corazón) y el American College of Cardiology ofrece recomendaciones para guiar a los médicos en el tratamiento de pacientes con...




ul

30-year risk of cardiovascular disease may help inform blood pressure treatment decisions

Research Highlights: A comparison of two tools for calculating cardiovascular disease risk found that if only the current 10-year risk thresholds are applied, fewer adults may be recommended for blood pressure-lowering medication. The tools, The...




ul

La nueva guía explica en detalle cómo manejar el riesgo de enfermedades cardiovasculares (ECV) antes, durante y después de una cirugía no cardíaca

Aspectos destacados de la guía: La guía conjunta de la American Heart Association (la Asociación Americana del Corazón) y el American College of Cardiology, que aborda el tratamiento y la evaluación cardiovascular de los pacientes antes, durante y...




ul

Popular home blood pressure monitoring cuff devices may not fit some US adults

Research Highlights: An analysis of at-home blood-pressure monitors estimates that the arm cuffs for 10 of the most popular potentially do not fit up to 18 million adults in the U.S. and nearly 12% of Black adults. To ensure accurate blood pressure ...




ul

High blood pressure a concern for adolescents and young adults in U.S.

Research Highlights: In the first study, nearly 23% of young adults (ages 18-39 years) included in the NHANES 2017-2020 datasets had high blood pressure (130/80 mm Hg or greater). In addition, they were more likely to self-report being uninsured, food ...




ul

Better cardiovascular health in early pregnancy may offset high genetic risk

Research Highlights: Favorable cardiovascular health in early pregnancy, as measured by the American Heart Association's Life's Essential 8 (LE8) cardiovascular health score, was linked to lower risk of preeclampsia and gestational hypertension, ...




ul

Measure of body roundness may help to predict risk of cardiovascular disease

Research Highlights: Body roundness index — a measure to reflect abdominal body fat and height that some health care professionals believe better reflects the proportion of body fat and visceral fat than body mass index — may help to predict a...




ul

International research challenge to tackle knowledge gaps in women’s cardiovascular health

DALLAS, Sept. 25, 2024 — The American Heart Association, celebrating 100 years of lifesaving service as the world’s leading nonprofit organization focused on heart and brain health for all, is joining with other top cardiovascular research funders around...




ul

Playful Indulgences with Adobe Pixel Blender for Photoshop


Sometimes I just find I have a need to play. Not the sand lot type, even though that might be fun, but more along the lines of creativity with my artworks. With painting I can just slop the wonderful colors around and see what happens but clean-up is more effort. But with photography it's not always as easy.

I could throw my camera up in the air with a timed shutter and see what happens, but I am afraid of dropping it and then seeing a lot on money becoming dust on the ground with a broken camera.

Digital editing allows me that freedom and the only cost is my time. Definitely less risky.

I came across a video that shows the use of an Adobe Labs plug-in for Photoshop CS 4&5 called Pixel Bender. Being also a painter I was more interested in the oil painting effects as demonstrated with the image I 'bent' below. I may take this further as I will need to get rid of those bright white objects at the top of frame to make this image useful.


The above image was run once in pixel bender to give texture in the parrot, but I found that the remaining detail was all too much the same and still too fine in detail for the background. I masked out the parrot, used the blending too to see if this would help. Not much, so I ran pixel bender again on several iterations on just the background to get the final image above. I didn’t realize until later that the smudging of texture actually added to the larger texture in pixel bender.


One again for above image I ran pixel bender to get the effect for the chairs and table and then playing around with iterations on just the background and with the smudging tool to get a less contrasty detail here.
In trying to use other images to see how they worked it became apparent that for it to work well there should be sufficient detail and contrast in image for it to produce better results. I also noticed that image size from 800 to 4,000 pixels each had different effects. The largest brush size was 15 pixels and with the large images the effects became smaller. 


The 2 photos of the fall scene are identical except for image resolution. The above was 1,000 pixels wide and below was 4,000+ wide


It's easy to see the difference in effects. For the smaller image I even had tor reduce the brush size so as not to over-dominate the bending effect.

From the experiments, or is it playing around, I noticed that when areas were smudged in linear or curved arches it increased the detail effects to make them larger as in the parrot's background and with the same fall scene but with smudging on the trees in image below.


These may not be exactly to your taste but if you are digitally creating painting-type images then by combining different effects for areas within the photograph, a more pleasing painting effect can be created. It is important for any effect type that there be variation in texture detail, size and contrast, like a real painting to create harmony and vision flow within the image.

The most important aspect is to create images that you like and not for others and that you have fun doing this. While I was playing around I completely lost track of time which for me is a sign that my creative juices are really flowing and I'm exploring new avenues.

Please send me some links if you have any digital creations that were just fun and you enjoyed the outcome.

Niels Henriksen




ul

Photographing Metal Sculptures and Art Objects


I had the opportunity to photograph metal artwork for an artist friend who lives near Lynhurst Ontario. For those unfamiliar with this little village, it is about 45 km north of Kingston Ont. along Hwy 15.

Noah, the metal-sculpture artist, has a large manicured estate with a man-made pond that is just perfect to have his animal based artworks scattered all about. Almost like seeing a herd of deer in the fields. In fact I did mange to see one deer at the edge of his lawns. But having a couple of Noah’s dogs playing around me meant that I could not get close enough to the deer for a great shot.


The reflections on the screen worked to create great contrast with the darker pond water, which meant I didn’t have to do much to have the artwork stand out. Just moving about for greatest contrast. I cropped the right wind since it's a mirror of the other and including it would make it appear smaller.

Most of his sculptures are made out of scrap metal parts and therefore, for the most part, tend to have a dull rust color. Dark and mid-tone oranges do not usually stand out well against bright green fields.

Even the biker (bicycle and motorcycle) sculptures that have figures on them have muted tones in their clothing. To make them stand out better I desaturated the greens, as with the above example, to an almost grey tone to give the figures more prominence. There are 5 of these along the front near the road.

Some artworks, like the bug series below, are painted, but even here we still need to have darker background (hedge in shade) to give more punch to the colors.


Even in the above image with its strong yellow and reds, the green has been slightly muted.

Most of the bug pieces have long insect like legs but if you include the whole art piece then the main body parts become very small in the photo. Focus on the main sections but include just enough of other parts to give context to photo.

For some images I wanted the distortion created by a wide angle lens, where objects nearer are larger and distant objects becomes smaller than reality, to change the perspective in how we view the artwork.

I had to use HDR on the photos where I was looking up and a bright sky was behind the sculpture. In the above photo the rust is made more vibrant and the green and blue colors muted a bit.

I now know that I need to come back again when the sun is near the evening horizon so that for some sculptures the shadows will add to create a larger subject.

Who couldn't love this old Flintstones type car.


Some close-ups to focus on the texture of the artwork.


And finally a photo for the biker in all of us.

Many of his artworks can be seen on Noah's Metal Art and he also has a link with the Frontenac Arch Biosphere


And here's the photo of the deer in the field.


Niels Henriksen






ul

Ottawa Lumiere Festival of Lights – Full Camera Skills Needed


The Ottawa annual Lumiere Festival of Lights is not just a wonderful events for kids and spectators it's also a great chance to get some interesting and new photos for your collection.

 ISO 400; f6.3; 13 sec; -0.67ev; 123mm; tripod mounted; Nikon D300

This is my 3rd time attending this event and each and every time I go there is something new to see. The festival is all about light and for this event it means candle power. There are activities for kids in the leading-up week where they make wonderful colorful paper mache objects that have holders inside to take those small candles in metal cans. These candles go inside the object and are lit at dusk. This creates a wonderful glow emanating for the colorful paper mache objects.

ISO 2,500 f5.6; 1 sec;  48mm

Hundreds of these lit lanterns in the shape of many different forms from faces to animals line the many paths around New Edinburgh park in Ottawa.

For the photographer it's visually stunning but also provides many photographic challenges in order to capture the event as the night unfolds.

When you first arrive around 7:30pm, you are at the golden hour of light and normal settings gets most of these shots.  You may need a bit of fill light from your flash and here an attached strobe flash is necessary to get just enough light to fill area and the ability to reduce the exposure (-ev) so as to not over power the ambient light.  See image of man on stilts below.


 
ISO 200; f5.6; 1/60 sec; 40mm; Flash -1ev

With hundreds of kids moving around and depending on their activity in front of you, a long exposure shot may create interesting photo image. The children in the image below are playing a large chess game. I wanted to show motion blur to create effect of action within the photo.

ISO 80; f25; 3 sec; 32mm

As dusk starts to envelope a more  stronger flash is necessary to freeze motion and completely fill subject as with the Tango dancer.


ISO 200; f5.6; 1/60 sec; 100mm; Flash

There are other areas like the lit swans in the river where flash won't work and a long exposure is needed to amplify available light to avoid the noise of higher ISOs. But when there is some wind movement then you will need the higher ISOs as in the photo below. In these photos it's all about the soft glow of candle power.

ISO 2,500; f5.6; 0.3 sec;  -0.3ev; 190mm; tripod mounted



ISO 2,500; f5.6; 2 sec; -1ev; 28mm; tripod mounted

But a near full darkness only longer exposure times and a tripod will get you those interesting photos like the girls with their glowing and twirling hula hoops.

The main event at this festival is a giant maze on a baseball diamond (to reduce chance of grass fire) covered with lunch paper bags filled with a little sand for stability and then a small candle. There are hundreds of children walking around this maze but with long exposures they do not show up in the photo because of their darkness. It's only when they are carrying candles or light that they show up as a moving white line.


ISO 1,000; f5.6; -1ev; 3sec; 1230mm; tripod mounted

At this event I did use my new Nikon D800e and I found it worked well. I did forget to bring my small flashlight to light the buttons on the camera.  Thankfully there remained mostly the same from the D300 and I could with some ease figure where to press to make changes to seetings.

In summary for an event like this you need to be able to switch between:
Aperture, Shutter priority and Manual mode – Flash will freeze when necessary.
Low and high ISOs.
Normal shutter speeds and long exposures of 2-3 seconds.
Flash power adjustments for fill light strengths.
Hand-held and tripod shooting.

I do hope you all get a chance to try events like these or a an amusement park or fair ground.

Niels Henriksen




ul

Leading national groups voice ‘full support’ for prohibiting menthol cigarettes and all flavored cigars

WASHINGTON, D.C., November 5, 2023 — Weeks after the Food and Drug Administration (FDA) sent rules to end the sale of menthol cigarettes and all flavored cigars to the White House Office of Management and Budget for final review, the American Heart ...




ul

U.S. young adults used e-cigarettes at alarming rates during pandemic

DALLAS, Nov. 8, 2023 — The popularity of e-cigarettes remained disturbingly high during the COVID pandemic, particularly among young adults who had never used traditional cigarettes, according to findings published Friday in the JAMA Network Open ...