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Exclusivity Doesn't Bar Worker From Suing Employer's Auto Insurance Carrier

The Colorado Supreme Court ruled that when a worker is injured in the course of his employment by the acts of an underinsured third-party tortfeasor, workers’ compensation exclusivity does not bar him…




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Split Court Upholds Dismissal of Widow's Intentional Tort Claims Arising from Out-of-State Accident

A divided Texas appellate court upheld the summary dismissal of a widow’s intentional tort claims arising from her husband’s fatal motor vehicle accident in Oklahoma. Justin Schneider worked for QES Pressure…




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DWC Announces Rule Adoption

The Texas Division of Workers’ Compensation announced the adoption of new and revised rules governing dispute resolutions, settlements and commutations. The DWC said it eliminated regulatory references to penalties for certain…




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Employer's Alleged Administrative Violations Don't Foreclose Exclusivity Defense

A Texas appellate court ruled that an employer’s alleged administrative violations did not prevent it from presenting and prevailing on its exclusivity defense. Robert Lane worked for Odle Inc. After he allegedly suffered…




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DWC Sets Treating Doctor Webinar

The Texas Division of Workers’ Compensation is hosting a free webinar Nov. 7 to cover how to become a treating doctor. The program will teach attendees the requirements to become a…




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DWC Adopts Research Agenda

The Texas Division of Workers' Compensation on Wednesday announced that it adopted the 2025 agenda for its Workers' Compensation Research and Evaluation Group. The research group will study the feasibility and…




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DOL Announces $164,814 Settlement With Poultry Facility Over Fatal Accident

The U.S. Department of Labor announced that it settled with a Mississippi poultry facility, requiring the company to pay $164,814 in fines and implement enhanced safety measures to protect workers from…




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Report: DOE Awards New Contract for Hanford Comp Claims

The U.S. Department of Energy picked a new company to administer workers’ compensation claims from the Hanford nuclear storage facility in Washington state, according to a report by the Tri-City…




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Adult Family Home Owner Accused of Double Dipping

The Washington State Department of Labor and Industries announced that a woman who ran an adult family home while claiming she was too injured to work is facing a felony…




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Court Strikes Down Statutory Prohibition on Workers Posting Recordings of IMEs Online

The Washington Court of Appeals held that a law prohibiting injured workers from posting to social media recordings of their independent medical examinations is an unconstitutional prior restraint on free…




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Medical Billing Reimbursement, Documentation and Dispute Resolution

Learn what constitutes proper billing, how to find and use fee schedules, documentation requirements and dispute resolution. Attendees will achieve a better understanding of the requirements for getting paid under…




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The Real Do's and Dont's of Trial - from Discovery to Decision

Join us for this half-day event on trial techniques and skills, covering the entirety of a trial from discovery to decision. The expert panel of instructors will discuss the most…




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Work Comp Matters - Free Weekly Podcast - Episode 31: We Can Do Better

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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Work Comp Matters - Free Weekly Podcast - Episode 32: Doctors

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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Work Comp Matters - Free Weekly Podcast - Episode 56: Government Shutdown

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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Work Comp Matters - SPECIAL: Retirement with Don Tobin

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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Data and Doctors: A Prescription for Workers' Compensation

This program focuses on how to use data. Linda Lane will share a strategy that builds a customized network that achieved the "Triple Aim" of workers' compensation - which is…




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Work Comp Matters - Free Weekly Podcast - Episode 87: Just To Do It

In this episode of Work Comp Matters Steve and the guys talk about Colin Kaepernick’s new campaign with Nike against the NFL and Donald Trump’s supreme court nominee, Brett Kavanaugh.




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Work Comp Matters - Free Weekly Podcast - Episode 90: Who Do You Trust?

As you listen to this edition of Work Comp matters please think long and hard about the following question: “who do you trust?”…




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Work Comp Matters - Episode 111: Don't Touch Me There

This week on Work Comp Matters, your hosts get really touchy-feely and talk about Joe Biden, Christine Baker, Dr. Bruce Fishman, Puerto Rico and PG&E. Plus additional news, talk and…




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Driver's Widow Gets Award for His Death from COVID-19

A New York appellate court upheld an award of benefits to the widow of a worker who died from COVID-19. Case: Miller v. Transdev Bus on Demand LLC, No. CV-23-0661, 10/10/2024,…




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Inaccurate Credentials Don't Disqualify Vocational Expert

A Pennsylvania court rejected an injured worker's request to disqualify a vocational expert on the basis that the expert's correspondence indicated he was a certified disability management specialist after his…




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Double-Dipping State Trooper Pleads Guilty to Larceny

The Connecticut Division of Criminal Justice announced that a former state trooper who operated a silk-screening business while receiving temporary disability benefits pleaded guilty to two counts of larceny. Kevin Moore,…




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Worker's Estranged Husband Gets Death Benefits for Her Fatal Overdose

The Iowa Court of Appeals upheld an award of death benefits for a fatal prescription drug overdose saying evidence in the record was equivocal regarding whether the death was accidental…




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DOL Reports Decline in Workplace Fatality Investigations

The U.S. Department of Labor reported an 11% reduction in workplace fatality investigations in the most recent fiscal year. The 826 worker deaths investigated during the fiscal year that ended June…




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Board Applied Wrong Standard of Proof to Social Worker's Claims of Injury from Dog

A New York appellate court ruled that the Workers’ Compensation Board applied the wrong standard of proof to a social worker seeking benefits for physical and psychological injuries from being…




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Widow Can't Seek Remedy From Husband's Co-Worker, Tavern Operator

The Supreme Judicial Court of Maine ruled that a widow could not pursue a civil suit against her late husband’s co-worker for throwing a punch that led to his death, nor…




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Court Rejects Untimely Appeal From Dismissal of Negligence Claim Against Doctor

The Tennessee Court of Appeals said a series of post-order motions filed by a self-represented injured worker didn’t extend the statute of limitations, so the appeal of the order dismissing…




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Disclosure to Attorney Doesn't Trigger Time for Worker to File Suit Against Doctor

The Tennessee Court of Appeals ruled that the time frame for an injured worker to sue her doctor for malpractice did not start on the date her workers’ compensation attorney…




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Court Denies Widower Benefits for Nursing Home Worker's Death

The Alabama Court of Civil Appeals upheld the denial of a widower’s claim for benefits for a nursing home worker’s death after her COVID-19 infection. Rose Harrison worked for the Marion Regional…




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Contemptuous Conduct by Worker, Counsel Doesn't Allow for Dismissal of PTD Claim as Sanction

The Utah Court of Appeals ruled that a worker’s claim for permanent total disability benefits could not be thrown out as untimely because he was actively litigating the matter, nor could…




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Exclusivity Doesn't Shield Employer From Suit Over Parking Lot Beating

The North Carolina Court of Appeals ruled that a worker could proceed with a civil suit against her employer stemming from an attack by a co-worker and multiple members of…




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Widow Timely Files Asbestos-Related Occupational Disease Claim

The Ohio Court of Appeals upheld a determination that a widow timely filed her claim for benefits for a worker’s death from an occupational disease caused by his asbestos exposure…




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Electrician Doesn't Establish Entitlement to PTD Benefits for Back Injury

The Kentucky Court of Appeals upheld the denial of total disability benefits to an injured electrician. Case: Blaker v. The Kroger Co., No. 2024-CA-0553-WC, 07/26/2024, unpublished. Facts: Robert Blaker Jr. worked for…




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Governor Approves Pay Raise for Doctors Treating First Responders

Florida Gov. Ron DeSantis signed a bill allowing police and firefighters with injuries that are presumed to be compensable to select a doctor and increasing the provider’s reimbursement to twice…




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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…




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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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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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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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Injured Deputy Doesn't Prove Entitlement to PTD Award

The South Carolina Court of Appeals upheld an award of permanent partial disability benefits to an injured deputy sheriff. Case: Crowley v. Darlington County, No. 2022-000282, 06/26/2024, unpublished. Facts: Michael Crowley worked…




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Truck Driver's Prior Leg Injuries Don't Subject Award to Offset

The Kansas Court of Appeals ruled that an injured truck driver’s award for a knee injury was not subject to offset due to prior leg injuries. Case: Cregger v CLW Farms Inc.,…




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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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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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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




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What to do When a Photo is Missing Parts


There are times when I'm walking around enjoying the scenery and occasionally taking what I think are interesting photographs around town and I forget to compose correctly. This is normally not noticed until I review them later as I tend not to look at each shot when taken.

This is a different shooting mode than when I really want something special. Then the histogram is reviewed and for images with strong contrast several exposures may be taken. And if tripod is available it will be used.

The above image is the final edited version that I wanted but failed to capture correctly.

Part of the problem is that I wear glasses and sometimes I don't remove them when looking in the camera view finder. I do when the image is critical but for shoot and grab shots I tend to place viewfinder only on the glass face and if I don't line up correctly the image is off centre to what I see.

If you have taken several photos then there may be parts in others that you can use to correct test perfect sections.

In the 3 photos combined below, the far left image is the one I wanted (#1) but as you can see, it's missing parts like the feet and sidewalk. The 2 other photos (middle #2 and right #3) are ones I used to fill in missing sections and cover parts that needed to be removed. The big problem with the other photographs is that they are from different angles and perspectives and therefore, a direct overlay to match parts will not work. You will need to stretch, twist and rotate a little to make the parts fit.



In the next composite photo below with the main image, I extracted the parts of each section that was used to reconstruct the final photograph.

Image #1 provides a good frame-work (base layer) for the whole of photo, except I wanted the lady in image #2
Image #2 was cut and placed on a separate layer and set to difference mode to make it easier to see when frame matches as it all turns black. I needed her bottom feet from another image (#3) to finish off her legs.
There was still the problem of the missing parts of the steps from part #2 which was added by image #4.


Rather than placing a whole copy of another image on top and using masking for desired parts and moving around, I recommend only cutting out the main parts from another file and copying to the working file. The reason for this is that when you zoom in on a large image to examine the fit, the handles are no longer available to use for positioning as these are at the edges of image. By only using a cropped parts, the handles for positioning are now just outside the smaller part and available for use even when zoomed in.

This is a lot of work and not for everyone. It would be easier to retake the photograph, if possible, but if you're on vacation or it's an impromptu moment, it may not be possible. This process allows you to get the photograph that you wanted but somehow missed.
I do realize that I need to be more careful when using glasses and maybe a monocle for the other eye would work. This is one advantage that EV viewfinders on back of camera work well for people with glasses.


Niels Henriksen




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La Administración continúa retrasando el fin de la venta de cigarrillos mentolados y puros de todos los sabores

WASHINGTON, D.C., 1 de abril 2024: En diciembre de 2023, la Casa Blanca anunció un retraso en la publicación de las normas definitivas para eliminar el mentol como sabor característico de los cigarrillos y todos los sabores característicos (excepto el ...




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Subdomains, Domains, and Folders…..Oh My!

This is to let those who read, and hopefully enjoy, my blog know about an upcoming change. When I originally assembled my current website I placed my blog in a subdomain (it turns out this was not my wisest move).  That is why the URL for my website is www.howardgrill.com, while the URL for my […]