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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…




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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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Missed Deadlines, Lack of Discovery Wreck Worker's Request for Hearing

The Arizona Court of Appeals ruled that a worker’s request for hearing was properly dismissed, given her failure to adhere to deadlines and failure to participate in discovery and a…




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Industrial Commission Announces New Training Opportunities

The Arizona Industrial Commission announced that it's Medical Resource Office has added training opportunities for providers, payers and third-party administrators. The training course for providers is comprised of four, 30-minute webinars…




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Performer Injured During Jousting Match Not Subject to Comp Coverage

A Louisiana appellate court ruled that a worker injured while participating in a jousting demonstration was exempt from coverage under the state Workers’ Compensation Act as a “performer.” Case: McKeane v.




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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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Lawmakers Pass Bill Limiting Recovery for Misclassification

Louisiana lawmakers passed a bill that would establish notice requirements for carriers to seek additional premium payments from employers that misclassified their workers and limit how much insurers can recover. Rep.




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LASIE Seminar to Cover Basic Principles of Medical Injuries

The Louisiana Association of Self Insured Employers is holding a one-day seminar covering the basic principles of medical injuries commonly seen in workers’ compensation. The seminar will cover how to review…




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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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Res Judicata Does Not Bar Worker's Intentional Tort Claim Against Colleague

A Louisiana appellate court ruled that res judicata did not bar a school district employee’s intentional tort claim against a colleague even though she received a workers’ compensation settlement for her…




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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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Commission Sets Claims Administration Workshop

The South Carolina Workers’ Compensation Commission is holding a claims administration workshop on Oct. 4. The Claims Administration Made Easy workshop will examine third-party claims, the various filings that must be…




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Commissioner Wilkerson Retires Sept. 15

The South Carolina Workers’ Compensation Commission announced that Avery B. Wilkerson Jr. will retire, effective Sept. 15. Avery B. Wilkerson Jr. Wilkerson has served as a commissioner since June 2008 when…




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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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Worker Fails to Prove Employer's Payroll Met Threshold for Coverage

The Kansas Court of Appeals ruled that an injured worker failed to prove that his employer’s payroll met the statutory threshold for coverage under the state Workers Compensation Act. Case: Romero v.




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State Fund Must Pay for Continuing Treatment of Worker's Injury

The Kansas Supreme Court upheld a determination that the state Workers Compensation Fund was liable for paying the continuing treatment expenses for a worker who had accepted a job out…




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OSHA Fines Waste Management Company $367,410

The federal Occupational Safety and Health Administration fined a Wisconsin waste management company $367,410 for violations identified during the investigation of a workplace injury. OSHA said a worker at John’s Disposal Services,…




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Attorney Has No Duty to Advise Comp Client on Potential Third-Party Claims

The Wisconsin Court of Appeals ruled that the attorney and law firm hired to represent a man on solely his workers’ compensation claim did not have a duty to advise…




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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...




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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...




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Early diagnosis & treatment of peripheral artery disease essential to improve outcomes, reduce amputation risk

Guideline Highlights: The new joint guideline from the American Heart Association and the American College of Cardiology provides recommendations to guide clinicians in the treatment of patients with lower extremity peripheral artery disease (PAD) and ...




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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...




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Los cuidados paliativos son beneficiosos para tratar los síntomas y mejorar la calidad de vida de las personas con ECV

Aspectos destacados de la declaración: El manejo de los medicamentos paliativos se enfoca en el alivio de los síntomas y en la mejora de la calidad de vida de las personas con enfermedades cardiovasculares en las distintas etapas de la enfermedad. La...




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La atención coordinada en niños con síndrome de Down y cardiopatías congénitas reviste gran importancia

Prohibida su divulgación hasta las4:00 a. m., hora del centro / 5:00 a. m., hora del este, del jueves, 12 de septiembre de 2024   DALLAS, 12 de septiembre de 2024 - Según una nueva declaración científica de la American Heart Association (la Asociación...




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Knowing you have a brain aneurysm may raise anxiety risk, other mental health conditions

Research Highlights: People diagnosed with unruptured cerebral aneurysms (weakened areas in brain blood vessels) who are being monitored without treatment have a higher risk of developing mental illness compared to those who have not been diagnosed...




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Remote monitoring and pharmacist helped improve hard-to-control blood pressure

Research Highlights: A new study finds that up to 74% of participants with resistant or difficult-to-control high blood pressure, including those with chronic kidney disease, were able to improve control of their blood pressure within 12 months after ...




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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 ...




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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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COVID-19 infection appeared to increase risk of heart attack & stroke up to 3 years later

Research Highlights: An analysis of UK Biobank health data that included adults who had mild to severe COVID-19 before vaccines were available found an increased risk of heart attack, stroke and death among those adults during the nearly three-year...




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Heart failure, atrial fibrillation & coronary heart disease linked to cognitive impairment

Statement Highlights: Previous studies have found that 14-81% of patients with heart failure experience some degree of cognitive impairment affecting language, memory or executive function. Evidence also indicates that people with atrial fibrillation...




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Dean of Weill Cornell Medicine Dr. Robert Harrington to receive the 2024 Chairman’s Award

Embargoed until 7 a.m. CT/8 a.m. ET, Wednesday, Nov. 6, 2024   DALLAS, Nov. 6, 2024 — Robert A. Harrington, M.D., FAHA, the Stephen and Suzanne Weiss Dean of Weill Cornell Medicine in New York City, will receive the 2024 Chairman’s Award at the...




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5 health technology start-ups finalists in global heart disease solution competition

DALLAS, Nov. 8, 2024 – High blood pressure, obesity and other risk factors contribute to high rates of heart disease and stroke worldwide, including in the U.S. where cardiovascular disease is the leading killer.[1] While experts work to improve outcomes...




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Photographing Fall Colors – Where is the Vividness That I Saw


Many times I've gone out to photograph the beautiful colors that blanket the trees in Fall. My mind and inner vision is completely lit up with these glowing embers that dance in the wind on the trees. At this moment and place nothing seems more wondrous and somehow these colors seems to permeate deep into my collective thoughts where vivid memories live.

You may wonder why the need for all these flowery thoughts. Its because  when I get home, what I see from the camera is nowhere near as spectacular as how I felt at the time. I do shoot in RAW format and I know that this format from the camera tends to be a little muted but even increasing the vibrancy, it still doesn’t come close to the mind's snapshot.

I think that photographing the wondrous colors of fall is actually a hard thing to accomplish if you want to achieve the vision you had at the moment the shutter clicked.

I believe there are 2 main reasons for this.
First is that the reds, oranges and yellow of the leaves are highly saturated & luminous and beyond the ability of the camera's color gamut to capture. The color space of sRGB and Adobe RGB just don’t extend far enough to record these highly saturated and bright colors.

Second the leaves normally have small moments in the wind and they appear to shimmer, thereby giving them the appearance in the mind's memory of being brighter.

When I took the above photograph the yellows on these 2 trees did appear this bright. They glowed in the afternoon sun and were even brighter, almost like a candle flame, but upon reviewing the camera's result it was duller and more greenish-yellow. The image below is from camera with white balance on birch tree set to neutral white 5300K.


You may find my modified version (1st photo) a bit gaudy but it does reflect how I felt about this scene. I darkened the sky to increase contrast between the 2 yellow tees. I also, for the greenish yellow leaves, shifted the hue to be more yellow and then increased lightness and saturation as much as I could and still retain detail. The grass was also darkened and made cooler, more blue-green, to again increase contrast with the yellow tops.

In the photograph below the sun peeked out near sunset just after the rain had gone by and lit up this singular tree. Again the camera made those leaves less bright and more orange. Once again I increased lightness and saturation towards yellow for the bright leaves. I also added a purplish tint to clouds, (complementary color of yellow) to increase color contrast. I extracted the yellow leaves and increased layer size by 10 pixels and then added a slight blur of about 2 and set this layer to overlay. A pseudo Orton effect to give a glowing effect.




In the next image below, the colors, except for a little vibrancy, remain mostly as captured. I did change the sky from a bright blue to a duller and less saturated version with clouds. The original blue negative space was too dominating and took viewers vision away from the tree colors.



Many of the good fall photographs have lots of cooler and darker tones surrounding bright trees that help make those fall colors more prominent within the scene.

If you have good photo-editing tools don't be afraid to play around and change anything to suit your needs and vision. After all, it's how you saw it at least in your mind.


Niels Henriksen




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A Very Social Christmas and A Happy Connected New Year


I want to wish everyone, whether you celebrate Christmas or other seasonal festivities, a very happy holiday season and a great new year with many new opportunities for creative growth.
From the title you may guess that I am talking about social media, which I am, but more about how I try to fit within that world.

Taken in 1955 in Denmark at 4 years old and trying to be a grown-up

I believe that, like many people, I seem to have those social connections that you need to link with other people. This works fine if I need to talk or connect with someone but I’m not sure how my articles about photography and other art works all fit within the new worlds of social media. How do I remain fresh and new with all these social outlets competing for the same information.

I have My Camera World Blog this and there is a corresponding Facebook page

There is also my art blog ' Niels Henriksen Artworks ' where I post articles about my artwork, whether a painting, fine art photography or other mediums. This is again is matched on Facebook with Facebook - Niels Henriksen Artworks 

Who says all self portraits have to be ugly. Well maybe they are.

There is also just plain old me on Facebook at Niels Henriksen. This Facebook page was initially just to connect with people I talk to regularly but I find I do post mostly about my photography and paintings.
I have also loaded some of my photographs on Niels Henriksen on Flickr
Please take the time to connect and I'll connect back so I can see some of your photographs.

My first studio work where I placed my model battle ships and tried to created a war scene. DOF and focus what's that.


Then there’s my Linkedin page which is only visible if you are on linkedin and we have connected.

Since we are heading back to San Miguel de Allende for 3 months in Jan I have contacted people about conducting walkabouts with some basic photography lessons included. More than 20 people have shown an interest. To help co-ordinate these walk-abouts and share photos I created a Facebook page ' San Miguel de Allende Photography Club '.



Even at 12 years of age I had penchant for the abstract. Honestly this was not an accidental shot, at least that's what I say now.


And just lately I've signed on to Goolge+ but as yet haven’t posted anything and that’s the dilemma. How do I remain somewhat fresh across all the media outlets? I just don't want to re-post the same material available on other sites. I don't mind using some of the same images if there is some contextual difference for the audience.

This year I want to get a better handle on the whole social media culture and ensure that on each site there is something new and relevant to the reader.

I sure would like to here how you are handling your multiple media streams with your content or any ideas about what would work.

Please feel free to connect with me on any or all these social sites as I'm happiest when I'm connected with you.


Niels Henriksen