Students Of Success

Like many shy people, she had the most radiant smile. It not only curved her lips but it also shone from her hazel eyes. Even her abundant blond curls seemed to dance, especially as she waggled her shoulders in a joyful little gesture when she was really tickled about something.

I want to keep the memory of her smile alive for the rest of my life, to remind me how precious and uncertain life and friendship can be. She was found alone in her large in-ground swimming pool and there are no good answers as to how this 51-year-old mother could be gone from us.

She was an entrepreneur, building her little real-estate empire on rental properties. She was interested in helping lower income families find safe and affordable housing. To hold costs down, she worked on her properties herself, getting contract help only as a last resort. She scraped and painted, roofed and plumbed, mowed and weed-whacked her handful of multi-family units as well as her own large rural home. She allowed late rents a little too easily for her accountant’s comfort, but felt that the people she selected to be her tenants were worth the risk. She looked for working singles who really tried; for struggling families; for those who had faced financial blows but were still credit-worthy.

Although she came from a family of great wealth and prestige, she lived far enough away and so simply that most who knew her never made the connection. Nor did she encourage any kind of recognition.

In addition to the tragedy of her death, there will be added the suffering of uncertainty by these families who sheltered under her wing. She had made a handwritten will. But it lacked the two necessary witness signatures that would have made her wishes binding. Now, those whom she wanted to share her personal collections from around the world, souvenirs of her compassion and zest, will not receive them. Because she died “intestate,” without legally recognized directions for the distribution or care of her assets, the distribution of her estate will be guided by the actions of state-appointed attorneys and processes.

She had begun to trust my friend and financial advisor, and was gradually expanding her sensibilities about asset protection. Partly because she was so shy, partly because he does not ever “rush” his clients, partly because good planning takes some time, she did not have the appropriate protections for her small business. She never got the time, though she had the clear and expressed interest.

In addition to her real estate concerns, for pleasure and relaxation she had developed a creative business. She sculpted carpet in a workshop on her own property. It was physically demanding additional hard labor, rolling out the heavy materials, cutting the tough fibers, seaming them into place with heat and sheer strength, but her custom clients thought her efforts were well worth while. Some pieces had even been used in feature films. An area business expressed interest in carrying her work, and in having her represent their interests to her customers.

She belonged to a small-business network and was planning a summer party around her pool to celebrate their mutual successes. No one yet knows the details of her drowning.

We do know we are not the same without her; without her tremendous love of life, passion for travel, jazz and world-music; without her curiosity about all the great religions of the world, especially Eastern traditions. Without that gorgeous smile.

In her great gentleness, she overlooked herself, and in doing that, exposed those under her wings, including her own dearly-loved son.

May her abrupt loss be a life lesson to other small business owners who make excuses for lack of financial planning. Please take the time you have; it is literally, the only time you get.

If your claim was denied for Virginia Worker’s Compensation, then there are some questions you need to ask about your claim. The insurance company letter will typically say your accident is “not compensable” under the Virginia Workers’ Compensation Act.

1. Did you injure yourself in a specific accident or was it a gradually occurring problem (such as tendinitis)?

2. Did you report it to a supervisor immediately and was an Accident Report filled out the day of the accident or at least within two to three days after the accident?

3. Did you immediately go to a doctor or an emergency room that day or at least the following day?

4. If you slipped and fell at work, do you know what caused the fall such as water on the floor, a slippery carpet, etc.?

5. Was there a witness who can confirm your accident and is he or she willing to come forward?

6. Were you under the influence of any drug such as marijuana, cocaine or alcohol at the time of your accident (Many employers will give an injured employee a drug test)?

7. Were you doing a work activity at the time of the accident or were you on a personal mission or errand?

8. Were you the victim of horseplay by a fellow employee?

9. Were you the victim of a personal assault by a fellow employee or someone else who was a stranger to the employment?

10. Did your injury occur as a result of an ordinary activity such as bending, stooping, reaching, etc.?

11. Did you injury occur as the result of a fight with a co-worker or your boss?

12. If you fell on a stairs, did you slip as the result of poor lighting, water on the stairs, other substance on the stairs, bad carpet, etc.

If your denial involves any of the above circumstances, then you should not talk to the insurance company but rather you should talk immediately to an attorney who specializes in Virginia Workers’ Compensation. You can check my article, “How to Choose the Best Virginia Workers Compensation Attorney.”

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Jerry Lutkenhaus is a practitioner of Workers’ Compensation law in the Richmond, Virginia area for over 30 years He was given an “AV” rating by Martindale- Hubbell in 2003. Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see our web sites at http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com or call Jerry Lutkenhaus at 804-358-4766 for a free consultation on your claim.

The New York Legislature put the “No-Fault Law” into effect in 1973. With this law, every owner of a motor vehicle in New York must carry automobile insurance that will pay for the “basic economic loss.” Anybody hurt by the vehicle or vehicle driver in the event of an accident. This is called “no-fault insurance” because the loss (only basic economic) must be paid by the owners insurance, no matter whose fault it is. A motorist must have a minimum of $50,000 of personal injury protection coverage (a.k.a. “no-fault” coverage). In certain situations, a person may not be covered by no-fault benefits for several reasons, including intoxicated driving, intent to cause an accident, injury while perpetrating a felony, or having raced the vehicle when they sustained the injury.

Basic economic loss does not include pain and suffering. Actually, the No-Fault Law does not allow an injured person from a car accident to sue the responsible party for pain and suffering unless the injured person received a “serious injury” such as broken bones, dismemberment, or death.

Some of the purposes of the No-Fault Law, include reducing the number of lawsuits that are filed over minor injuries, and insuring that every person injured in a car accident in New York will be restored to health and productivity as swiftly as possible. The No-Fault Law is helpful in that it allows for prompt payment of medical bills and other actual expenses of the injured person without requiring proof that any driver was at fault in the accident. However, the law No-Fault does not allow injured persons to recover money for pain and suffering unless a “serious injury” was sustained.

There is much debate over what can be defined as a serious injury. To begin with, the No-Fault Law itself gives certain types of injuries that automatically qualify as “serious injuries”, such as broken bones, dismemberment, and death. There are several other categories of serious injury defined by No-Fault Law. There are specific and short deadlines for many types of car accident claims (i.e., a claim for basic economic loss benefits against a no-fault insurance carrier must be made within 30 days of the accident, or no claims will be paid). Proving negligence and a serious injury involves proof that must be attained and shown in a very specific manner. No-fault insurance carriers typically investigate claims to insure that medical expenses, wage loss and other claims are legitimate and/or medically necessary and can deny any claims they deem unnecessary.

About the Author

Those injured in a car accident are thus strongly encouraged to seek legal counsel from an attorney experienced in automobile no-fault law as soon as possible to insure that all insurance benefits and legal rights are protected and secured to the fullest extent possible under the law.

By now you have probably heard about a little drug known as BEXTRA. Just in case you have been out of the loop, it is a medicine that treats the pain and inflammation of arthritis. On April 7, the Food and Drug Administration requested that Pfizer suspend sales of BEXTRA in the United States in light of the FDA’s position that there is an increased cardiovascular risk for all prescription non-steroidal anti-inflammatory arthritis medicines, as well as the increased rate of rare, serious skin reactions.

The Bad news.

The bad news is this. If you have been taking Bextra, you have been unknowingly increasing your risk of having cardiovascular complications.

The Good News.

The good news is, not only can you get a refund, in most cases, from your local pharmacy, but you may also have a strong case if you decide to contact a lawyer that specializes in Dangerous Drugs.

If you have taken any kind of dangourous drug, you should never feel guilty about finding out more about your legal options. Research not only the medicine in question, but also alternative medicines so you don’t end up in a similar situation. When you feel comfortable talking about the situation, find a Lawyer specialized in the drug in question. Which in this case would be a Bextra Lawyer.

Until next time, Have a great day!

Contact an Experienced
Bextra Lawyer today.

Find a Bextra Product
Liability lawyer today at hugesettlements.

For more information on Dangourous drugs, visit our
Dangerous Drugs Lawyer page.

You must be prepared before speaking with any of the insurance company’s representatives. Collect all important documents and evidences, including the photographs, police and medical reports, and statements of your witnesses. Take notes of important details and review the policies given by the company. Do not say anything that will cause your claim to be denied. Examine every photograph; they might see an angle that may be turned against you.

Return to the scene or the place where the accident happened. You might find more evidence. Photograph anything that will help you win your case. Capture every angle. This will not only provide you evidence, it will also help you remember events or things. Look for physical evidence that will prove the extent of injury or will oppose the description of the event, like a piece of wood or nails. Do not move the object so as to preserve it. If it cannot be preserved, take pictures of it.

In taking a photograph, use a camera that will provide you detailed and accurate photos. Take photos immediately. Ask somebody to stand as a witness and instruct him to take note. Take several pictures so that you can have the best photos to show the insurance company as a proof of your claim. Have it printed as soon as possible. Ask for a receipt; make sure that it has a date on it.

If you are injured, go to the doctor or other medical provider immediately. A delay will cause for the company to question your injuries. Ask your doctor to photograph any marks or bruise, these wounds will heal soon. Have a copy of your medical report. Detail your injuries and how it affected your everyday living. Take note of things you might remember that you have not thought of before. All these notes will serve as evidences you can include in your demand for settlements. In taking notes, do not forget to include the date and time and the name of the persons who provided you with information.

Look for witnesses, record their statement. List their names and other personal information. You might find reliable witnesses that will back you up. Ask for their numbers so you can contact them anytime. They might be able to tell the exact story. You might also get significant information that you failed to record.

Let the insurance company know that you are prepared. Review all these evidences as well as the company policy.

About the Author

I’m not an artist, I’m not a poet. I just love writing anything I want. I wasn’t born a genius, I just want to know and understand something I don’t. I like to find the difference between similar things. It’s like counting birthmarks on each identical twin.

For comments you may contact The Personal Injury Site Moderator at their website at http://www.personalinjurylawyersinc.com

Many wonder what admiralty and maritime laws deal with. The fact is, these laws were designed to deal with the way in which waterborne crafts interact with each other. Maritime laws are designed to settle disputes, encourage commerce and help injured seamen and sailors.

Maritime law in the United States is compiled by a list of statutes which cover all waterborne activities taking place in United States waters. In the past, maritime laws only covered specific incidents such as victims of maritime air disasters and specific areas such as inland water workers. Modern day maritime law now encompasses a much larger field of occupations, accidents and conditions.

There are currently many law firms that represent the sailors, longshoremen and seamen who have been injured while working offshore. The maritime and admiralty laws were designed by the United States government and have dozens of levels of federal, state and local rules that apply to different situations. Because of this, maritime litigation is often very comprehensive.

Some of the types of maritime accidents that can occur include accidents on barges, ferries, casino ships, cruise ships, shipping vessels, tankers and tugboats. There are literally thousands of types of these boats, but those are the major ones. In addition, there are many types of workers who are covered by these maritime and admiralty laws. Some of the jobs include seamen, engine utility men, deck engineers, harbor pilots, longshoremen, dock workers, fishermen, ferry workers and barge hands.

If you are a sailor, seamen or any other type of offshore worker, and have been involved in a maritime accident, then you have the right to take legal action. Please visit our website for an updated list of dedicated and experienced maritime lawyers. They will help you with your maritime lawsuit and guide you towards receiving the legal compensation you are entitled to.

For more information on maritime lawyers and admiralty laws, please visit our website at http://www.resource4admiraltylaw.com This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.

GOLO GOLF GRUB

Fuel for the golfer.

“A good diet can not make an average athlete great, but a poor diet can make a great athlete average.”

-David Costill, Ball State University, Indiana

Golf is a lifetime sport that both men and women of all ages enjoy participating in. However, for the competitive golfer, it is a test of the athlete’s physical and mental endurance. While equipment and physical fitness are important to the game, a balanced diet is often the most overlooked aspect that all serious golfers must consider.

DEFINING A BALANCED DIET

For golfers, a balanced diet begins with eating at least 50% of your total caloric intake from carbohydrates such as whole grains, breads, pastas, rice, fruits, vegetables, and low-fat dairy. Carbohydrates are the body’s preferred energy source during activity. It fuels the brain and nervous system, preserves protein while helping to burn fat. Consuming carbohydrates during activity helps maintain blood glucose levels, allowing the golfer to have improved concentration.

Protein is another important macronutrient to incorporate into the balanced diet. Have 6 to 8 ounces of protein daily, and choose lean protein sources such as chicken, fish, round or loin cuts of beef, beans or legumes. Protein is needed for growth and repair of muscles, and helps regulate body processes as enzymes and hormones.

Fat is the final macronutrient in the balanced diet. Fat, like carbohydrate, provides fuel for working muscles, but it is a more concentrated fuel source. Recommended fat intake is the same for athletes as for all healthy people - no more than 30% of your total calories coming from fat. This is approximately 4-5 servings of fat (based on 2000 calories). One serving of fat equals 1 teaspoon of oil or margarine, 6 nuts, or 2 teaspoons of peanut butter.

FILL UP ON FLUIDS

Hydration is an imperative component in the successful golfers game. Consuming adequate fluids before, during and after playing golf is beneficial. Even a slight decrease in bodyweight due to dehydration can affect your performance and result in fatigue & mental dullness. Consume approximately 8 oz of fluid before tee time. While golfing consume 4-8 oz of fluid every15-20 minutes or at every hole. If celebrating with alcoholic beverages is planned at the 19th hole, alternate fluid (nonalcoholic) with alcoholic drinks. Alcohol acts as a diuretic and actually increases fluid loss, so it is not a good choice for the replacement of fluids lost during the round of golf.

To help your performance try these nutrition tips as you eat for “peak performance!”

BEFORE THE MORNING ROUND

• 1 cup oatmeal
• 1 banana or 1 cup orange juice
• 1 cup skim milk or 1 cup nonfat yogurt
• 2 slices whole-wheat toast
• 2 teaspoons margarine

AFTER THE 9TH HOLE

• 12 ounces Sports Drink
• 2 tablespoons peanut butter and crackers
• or
• 1 piece of fruit
• or
• 1 granola or cereal bar

POST GAME

• Don’t forget to re-hydrate as mentioned above!
• 3-4 ounces grilled chicken breast
• 1 cup brown rice
• 1 cup steamed broccoli
• 1 cup mixed greens salad
• 2 teaspoons low fat dressing
• 1 cup fruit salad

These are just a few tips to jump start proper fueling as an important and integral part of your training program. Each athlete is unique and has different training schedules, food preferences, lifestyle factors, and weight concerns. For a more individualized assessment and recommendations for your needs submit a rquest at: www.GoLoGolFitness.com

William Breland has been a Physical Therapist for over 25 years. He is the ONLY Board Certified Clinical Specialist in Sports Therapy and Touring Golf Professional in the United States.

GoLo Golf Grub is a trademark of GoLo Golf, LLC, www.GoLoGolFitness.com

william@gologolfitness.com

When the founding fathers came to draw up a constitution, although all of them had been born and bred in what Thomas Jefferson described as the “orthodox doctrines of British liberties,” they necessarily found but scant guidance looking at the English model because that country had never found it necessary to write down a constitution.

Clearly, the House of Representatives was modeled after the House of Commons, there being no other model to draw upon, since Europe at that time was for the most part absolutist and possessed no such traditions. Further drawing on their understanding of the English model, the founding fathers wanted a second chamber, but had to resolve upon some system other than the House of Lords, which at that time was composed of hereditary peers, which the Americans had decided would not do at all in the new Republic, along with the bishops of the Church of England, also entirely foreign to American way of thinking which was based upon non-conformism and a refusal to countenance an established church. They resolved upon a curious compromise reaching back to the old Roman tradition for the word “Senate,” but still looking to the English model for representatives from each state.

Oddly enough, the House of Lords has continued to evolve, while the Senate remains more or less fixed as it was set down in the Constitution of 1776, and has by now become in a sense quite anomalous. Hereditary peers have lost all right to exercise any vote in the House of Lords, but the British still have not entirely decided upon the best manner of composing the upper house, which though it has lost all power to the House of Commons nonetheless is preserved as a deliberative chamber with a certain power to delay legislation.

In the years before the great Reform Bill of 1832, many members of Parliament were returned by a mere handful of votes, being returned for what were then termed “Rotten Boroughs,” because of the clearly inequitable proportion of votes required to return such members, sometimes no more than a dozen. Today in a somewhat amazing reversal of history, one could view many of the states of the Union as rotten boroughs, because they return two Senators in spite of having a disproportionately tiny number of voters. The state of Delaware has far fewer residents than the San Fernando Valley, yet returns two Senators with exactly the same voting powers as the two California Senators who between them represent the fifth largest economy in the world and 30 million people.

At the time of the American Revolution, the House of Lords exercised great powers but those powers have gradually disappeared, whereas today each Senator is in effect a virtual fiefdom. Any Senator can stop any business from being transacted; that is to say, a single Senator from a state with few than one million people can prevent the passage of legislation, even if that legislation has been passed by the House of Representatives. What ever else this may be, it is certainly not anything resembling a true democracy because the Senate today, with incumbents nearly impossible to unseat, is far more like an aristocracy than today’s membership of the House of Lords.

When it came to constructing the judicial system, the founding fathers sought to retain the common law in its entirety, with the single exception of the Constitution, and it must be said that the Constitution is an exceedingly important difference. But as for form and procedure, the old tradition of the common law, already at that time more than 600 years old, prevailed almost without change. But when it came to deciding what should be the highest court, again the founding fathers were on their own, because they could derive nothing but mystery and obfuscation from looking at the English system.

Even today, although the current British government is seeking to change the system, the highest court in the land is said to be the House of Lords, but it is not really the House of Lords at all but a mere committee of the House of Lords composed of a number of senior judges, who collectively are referred to as the Law Lords. But whereas the Justices of the Supreme Court have a magnificent Greco-Roman style building of their own, and frequently appear in resplendent black robes as celebrities in their own right, most people in England would not be able to name of a single Law Lord. Indeed, the House of Lords is so informal that it is hardly a court at all; it meets in a committee room in the upstairs of the House of Lords, and the Law Lords wear no kind of robe but merely appear in lounge suits. The present English government, breaking with a tradition of more than half a millennium, says it intends to replace the House of Lords with a Supreme Court, so perhaps with wonderful irony the highest court of appeal in Britain will finally come to resemble the U.S. Supreme Court.

Charles B. Parselle is a mediator, arbitrator and attorney. He graduated from Oxford University’s Honor School of Jurisprudence and is a member of the English bar, then was admitted to the California Bar in 1983. A practicing attorney, he is a prolific author and sought-after mediator. For a free consultation, please contact him through his website: http://www.parsellemediation.com

When the Enron and MCI scandals broke, it became clear to the US
government as well as everyone else that something needed to be
done to prevent financial abuses from harming the public. A
bipartisan team of legislators led by Senator Paul Sarbanes and
Representative Michael G. Oxley put together the Sarbanes Oxley
Act, also titled the Public Company Accounting Reform and
Investor Protection Act of 2002, and more manageably called SOX
for short. It was overwhelmingly passed by the House of
Representatives, and the Senate voted unanimously to pass the
Sarbanes Oxley bill.

The Sarbanes Oxley Act was signed into federal law on July 30,
2002. Its primary purpose is to protect investors by making
corporate information released about accounting and finance more
accurate and reliable. It addresses issues like the
establishment of a public company, creation of an accounting
oversight board, auditor independence, corporate responsibility,
and enhanced financial disclosure.

According to President Bush, Sarbanes Oxley includes “the most
far-reaching reforms of American business practices since the
time of Franklin Delano Roosevelt.”

That may be true, but it’s also one of the most complex and
difficult to understand reforms ever passed. It covers topics
such as:

* Personal loans by the company to executive officers or
directors * Financial report certification * More timely insider
trading reporting * Strong limitations on insider trades *
Public reporting of top executive real compensation and company
profits * Auditing independence * Personal accountability by the
chief officers of the company, backed up by criminal and civil
penalties including serious jail time and financial penalties on
individuals who misstate financial statements and commit
securities violations

You can see how a bill covering so many different topics might
be seen as discouragingly complex

Understanding Sarbanes Oxley

There are a few things you can do to learn how Sarbanes Oxley
works. First, read reviews and synopses of the Sarbanes Oxley
Act on the SEC website; they give an excellent overview of what
the law is about. Second, you can get training focused in
several different ways on the part of Sarbanes Oxley you need to
understand.

The main thing to understand about Sarbanes Oxley, though, is
that it primarily affects how you do your accounting, and thus
how you run your IT services. Electronic controls must properly
manage your financial information, so that you have clear,
easy-to-access real-time information on your company’s finances.
Corporate finances must be kept separate from executive
finances, payroll, and other moneys. Auditing for accountability
is crucial, so that if errors or misinformation enter the data
stream you will be able to determine the source.

With Sarbanes Oxley, even if you were ignorant of what was going
on in your accounting, if you are a major executive you will be
both civilly and criminally liable for any errors released to
the public, or the failure to release certain information in a
timely manner. You must learn about Sarbanes Oxley, not just to
comply with more government regulations, but to protect your
personal life.

Social Security has a set of Impairment Listings. At one time “obesity” had an impairment listing. Thus, if the applicant was of a certain height and weight, then the applicant received Disability. For example, if you were 5′2″ and 300 pounds, then you were well on your way to winning a Disability Case if you had any impairments in addition to your “obesity”.

In 1999, Social Security changed the Rules and deleted the Impairment Listing for “obesity”. Social Security did say it would consider the effects of “obesity” with regard to other listed impairments such as respiratory impairments, cardiovascular impairments, and muscoloskeletal impairments (back problems).

In a recent case I had a young lady who was 400 pounds and had spinal stenosis. Prior to 1999, she probably would have met the Impairment Listing for “obesity”. Since the rules have changed, we had to go to a hearing before a judge and demonstrate the severity of her back problem. We won but the primary focus of the decision was on the back problem and not her “obesity.”

In another case I had the applicant was a man who was over 375 pounds with congestive heart failure. Again, prior to 1999 he would have met the “obesity” listing. Instead, we had the hearing and the judge denied the claim on the grounds he had not done enough to lose weight. The United States District Court reversed the social security judge and we are awaiting a new hearing. But again, this case shows the rules have changed and “obesity” no longer is the “slam dunk” winner it once was.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

About The Author

Gerald G. Lutkenhaus, has been representing Social Security Disability claimants for 30 years in the Central Richmond Area in Virginia. He was given Martindale Hubbell’s highest rating in 2003, for more information check our websites at http://www.virginiadisabilitylawyer.com or http://www.geraldlutkenhaus.com or email us at jervalaw@aol.com.