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Candidate should be Graduate with Professional Diploma in Export and Import Management.
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trip of a lifetime
Sail Date: September 01, 2010
Reviewed: 5 years ago
Traveled As: Family (older children)
Room Type: Balcony
Pros: spending time with my daughter & being pampered
Cons: nothing
Recommends Celebrity Solstice? Yes!
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- Home
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Villa Kalimaya is a group of four exclusive, fully staffed luxury villas located in the heart Seminyak, the best and most convenient location Bali has to offer. Tucked away in the sanctuary of a peaceful lane, offering 24-hour security, these beautifully appointed individual private villas, which can be rented in any combination from two to 12 bedrooms, are just metres away from Bali's most popular beaches and hippest bars – such as Ku de Ta, Potato Head, W Hotel – and almost next door to Seminyak Square and the area's ultra-chic shopping district.
This presidential villa has five beautifully appointed ensuite bedrooms (plus one additional room suitable for an adult or two children) set in a huge tropical garden with an 18m lap pool. Villa Kalimaya I offers unparalleled luxury villa accommodation and unrivalled service and has hosted many royal guests, dignitaries and celebrities. This one-of-a-kind villa also features an outdoor jacuzzi and a healthy healing FAR infrared sauna for your in-house spa treatments. Kalimaya I can be rented as either a four or a five-bedroom villa.
Two-bedroom Villa Kalimaya II lies adjacent to Villa Kalimaya III. The two villas are almost identical (with the exception of an additional bedroom at Kalimaya III), each with luxury ensuite bedrooms, private swimming pools, two spacious living rooms, roof garden terraces and fully fitted kitchens. The villas are beautifully furnished and come with high quality fittings and fixtures, including jacuzzis and FAR infrared saunas for your in-house spa treatments.
Spacious Villa Kalimaya IV comprises three ensuite bedrooms, two living rooms, a roof garden terrace, 13m swimming pool, outdoor jacuzzi and FAR infrared sauna for blissful in-house spa treatments.
Elite Havens has over 200
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you won't find anywhere else
September 30th, 2015 - October 10th, 2015
My second time back and the Villa and Staff were equally amazing the as the first time.
Gill W, New Zealand
September 20th, 2015 - September 26th, 2015
The staff at Villa Kalimaya were fantastic. Always willing to help without being obtrusive. I cannot recommend Yani highly enough. She was so helpful in recommending restaurants, tours, etc
Lachlan C, Indonesia
August 10th, 2015 - August 18th, 2015
nice villa and nice place!
GIANLUCA LICCIARDI, Italy
May 1st, 2015 - May 4th, 2015
Amazing - thoroughly recommend!
Nicola Wainwright, Hong Kong


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Ada C. LacombeFebruary 02,2013Ada C. Lacombe
Ada Caroline Lacombe, 91, of Rutland, died Jan. 31, 2013, at Mountain View Center Genesis Eldercare Network.
A complete obituary will be published in a future edition of the Rutland Herald.
Arrangements are under the direction of Tossing Funeral Home.MORE IN ObituariesIngwald P. Rogstad
CHESTER Ingwald P. Inky Rogstad, 88, died Nov. Full StoryEmma E. Full StoryJames A. McLenithan
POWNAL James Arthur Jamie McLenithan, 78, died Monday, Nov. Full Story
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We will be staying at the Lindo for the Week of Nov. 9 and was wondering what the snorkeling is like at any of the beaches there. My husband is planning on bringing his own equipment. I read that the beaches are more rocky at the del mar and was hoping that the snorkeling was better. Did not read very good reviews on the snorkeling. Also read that the resort has a day trip on site , and wanted to know what the cost of that is. Any body go snorkeling and had luck?
Iberostar Playa Paraiso Resort has more than 50 meters of Caribbean beach, and most of our beach area is rock free, however some areas do have rock formations, which are an advantage for snorkelling. Guests staying in Paraiso Lindo have free access to the facilities of Paraiso Mar and Beach as the sunchairs, snack bars, etc. in case that you decide to explore all the area and choose the best location.
Don't have a current cost on the day trip, but it's worth it. We've taken the trip in the past and they take you to some of the most beautiful reef in the world.
I took the two hr snorkeling trip from the resort w dressel divers, it was ok. I did see a sting ray, and squid, and of course colorful fish. If you have time tho I'd go to Cozumel or do the cenote/ sea turtle snorkeling you can reserve both right at the resort. I just didn't have a whole day left in my vacation to do those.
hi i sent a reply but it shows it did not go through so here it goes again the beaches are great when people say rocky there are a few areas where the sand is gone and rock is there you move over 20 feet and its great there are some great excursions to go and reasonably priced you will love it there
Hi Sherry H - I'm sorry I can't be of any help. We didn't do any snorkeling during our visit.
Get an answer from IBEROSTAR Paraiso Del Mar staff and past guests.
Owners and managers, register now to answer these questions from potential guests. Register Now.


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> hey anon, wanna give your opinion?
2 new threads. 1 new replies.
#347 to #343 - waketheinsomniac
Reply +9 123456789123345869(02/19/2013) [-]
Depression is not a problem in character, it's a problem with brain chemistry.
#352 to #347 - nevrit
Reply +1 123456789123345869(02/19/2013) [-]
It can really depend on the person in question. Some people are more prone to depression through brain chemistry, genes, or what have you(this form of development is known as nature). However Depression can form in a person due to their environment in general (this is known as nurture). Many will try to dispute which is more of a leading cause or try to completely disprove the other side, however what some just don't realize is that it can be one or the other, or even a combination of both that makes you who you are and how you think.
#356 to #352 - waketheinsomniac
Reply 0 123456789123345869(02/19/2013) [-]
I agree with you. I'm just saying being depressed is nothing to be ashamed about and there's nothing wrong with you if are, y'know besides the fact that you're depressed. But if are depressed, you shouldn't be afraid to seek help. Trust me, I've been there and it sucks. Don't just hope it goes away. Talk to someone. Anyone.


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Apartment in Elviria, Marbella, Costa del Sol, Spain - Overlooking Santa Maria Golf & Close To Nikki Beach
This stunning, 2 bedroom, 2 bath apartment, immaculately decorated throughout with large, south facing terrace, is a little gem of a holiday home. Set on the 1st floor of the peaceful development of Los Lagos de Santa Maria Golf, situated in the leafy, East Marbella suburb of Elviria, the property is ideal for a relaxing sunshine break.
This beautiful, modern property is tastefully decorated with contemporary furnishings and finished to a very high spec with marble floors throughout. Fully equipped with the latest technology such as flat screen TV, WiFi, air conditioning, microwave, dishwasher and washing machine, it is a comfortable 'home from home'. The large sunny balcony affords spectacular views across the valley and down to the Mediterranean and is the ideal place to chill out, sunbathe or dine alfresco. The main pool area, is directly opposite the entrance to the block and there is access to another 2 well maintained pools all with lounge areas and manicured gardens.
If it's the sea and the sand you prefer, East Marbella's beaches are regarded as the best along this stretch of coast and are just a 5 minute drive away. There you will find numerous fantastic 'Chirungitos' - beach bars - serving snacks, tapas and of course, refreshing beer and sangria! The small community of Elviria is also within walking distance - just 2km away – and there are supermarkets, tapas bars, cafés, bars and a multitude of fabulous restaurants of every style of cuisine.
If you're looking for something a little more upbeat then the famous Nikki Beach is right on the door step and the night-life and glamour of Puerto Banus is just a short drive away.
There is no shortage of excellent golf courses nearby and few have a better reputation than the neighbouring Santa Maria Golf and Country club. And whether you have children or not, the Adventura Amazonia adventure park - Andalucia's largest - is great fun and a must visit for those with a sense of, well... adventure! Again, it's just a short stroll from the apartment.
Top Traveller Review
Excellent Apartment in Elveria
About the Owner
Margaret is originally from Dublin & Lorcan grew up in Merseyside but we have lived together in London for 7 years. Margaret is a PA and Lorcan works in recruitment. We married in 2012 just down the coast from the apartment.
We enjoy our food & the odd glass (OK... bottle!) of wine and with no kids yet we are still able to enjoy dining out at weekends or getting out of London for mini breaks in the countryside.
14 Reviews
4.7 based on 14 holidaymaker reviews
Excellent Apartment in Elveria
We had a fantastic holiday in Elveria. The apartment was everything the advert says it is. Locran and Margaret were extremely helpful. They offered an excellent welcome pack and the apartment was home from home. The lady in Spain was also brilliant. She was really friendly and helpful. Would 100% recommend.
Fantastic apartment in Elviria
We had a fantastic stay in the apartment, it was spotlessly clean, spacious, well appointed with a fabulous balcony for outside living. Margaret and Lorcan could not have been more helpful helping us sort a car and with lots of suggestions for things to do and great local restaurants. Its in a fairly upmarket resort and is in a quiet block so no noisy neighbours to be seen. Would not hesitate to return!
Irish hospitality at its best!
The booking of this apartment was simplicity itself and we booked quite late. Margaret and Lorcan, the owners, answered all our questions and supplied us online with a comprehensive welcome pack in advance which proved invaluable in getting there with ease and helped us during our stay. On arrival we were met by Dora, who represented the owners, supplied us with keys and lives nearby. She was charming and made us feel at home. The apartment was exceptionally well equipped with everything imaginable. A welcome pack of foods can be obtained waiting for you but we opted for an evening trip to the local supermarket ten minutes away to stock up. We had a fantastic time. Elviria, East of Marbella, is a super spot, lovely little beach bars, golf and tennis and central for all the main coast town and markets. Go for it. Great - and thanks to Dora, especially at the end of our holiday.
Lovely Apartment
We had a great break at this lovely apartment which is beautifully decorated and spotlessly clean. Great communication from the owners Margaret and Lorcan and property manager was available as agreed on arrival to hand over keys and show us the workings of the apartment. Beautiful terrace and pool area and beach, plenty restaurants, supermarkets, golf etc less than 5 mins drive away. We would have no hesitation in staying again or recommending to friends and family.
Great location with lovely views.
The property is superb and very spacious and well equipped and for golf lovers the course is great.
The local town has plenty of good restaurants and is only 5 mins away.
There are also lovely beaches which are easy to get to. PS. we were very well looked after by the property manager
simply perfect
Having just come back from staying at Lorcan and Margarets place in Elviria,
The apartment was spotless and very well stocked as per the description unlike others i have stayed at, the bed was very comfy and the complex very quite so a great nights sleep was had without any disturbance. The sun balcony was a total sun trap and very spacious with great views, A car is a must
as a little out the way , but car hire is very cheap and needed if traveling to different areas , the communication from start to finish was excellent and would definitely return.
From the Owner
"We met, were engaged & married in Spain, (though not all in the same year!) so it's no surprise that we ended up buying our own place here. What we love about Elviria, and Los Lagos in particular, is that we have the best of both worlds in many ways. It's away from the crowds but not isolated; it's peaceful & relaxing but with access to so much activity; it is a suburb where the locals live so you don't feel like a tourist, but it is cosmopolitan so that you don't feel like an outsider. For instance, there are traditional Spanish restaurants nearby but also a couple of great Teppinyaki restaurants, a fabulous Indian, an Italian, an Irish & more. There are simple eating tapas bars as well as a Michelin* restaurant. You can stay local or go into town; pool or beach it; whatever you want. The apartment itself has the same appeal to varying moods. The terrace is great for sunbathing, chilling over a bottle of Rosé, or eating, but if it gets too hot the pool is right opposite the entrance. It offers peace and quite whilst being close enough to eateries and drinking holes so as not to be isolated."
Activity and Interests
Marbella's best beaches can be found along the stretch of sand by the 5* Don Carlos Hotel. Lined with sand dunes and dotted with beach bars catering to all tastes and budgets as well as several massage tents and exclusive beach clubs such as Nikki Beach.
The sea remains shallow for some distance, so bathing is safe. If it's very busy in the summer then a short walk away from the beach bars and parking areas will see less crowded spots.
There are boats and pedalos available for hire too.
Malaga airport is just 45km away. Gibraltar airport is 88km.
We do recommend hiring a car as it is useful to to get around although it is not strictly essential. There is a car parking space available.
We can arrange for Car Hire at a preferential rate with a very reputable firm that has no hidden extras and does not keep you waiting at the airport!
We can also arrange for airport pick-up & drop-off at an additional charge.
Please let us know if you would like us to provide a quote.
Elviria Centre - 2Km
Further Details:
Elviria is a small but self sufficient community in itself with café's, bars, restaurants, two decent sized supermarkets, a number of banks, beauty salons, a pharmacy, health food store and more.
The beach is a short, 5 minute drive or about a 30 minute walk and there are beach bars, sun loungers & massage tents all along the sand. Nikki Beach and other lively beach clubs are also nearby for those who like to party.
La Cañada shopping mall is a short drive along the highway and has some of the best shopping along the Costa del Sol. Central Marbella is even closer and a little further down the coast, Puerto Banus has great shops, bars, restaurants, night clubs and a harbour full of super cars and £million yachts to inspire the dreamers! An afternoon people watching along the strip is very entertaining!
Cabopino is another Marina just a short drive in the other direction. This is smaller and more sedate but very pretty and there are a number of great restaurants overlooking the boats in the harbour.
There are some fabulous attractions for children. Amazonia Adventura is right on the doorstep and Selwo Safari Park and Aqualand Waterpark are both just half an hour's drive in either direction along the coast.
Closer to home there is tennis, lawn bowls, yoga and pilates all available within walking distance.
Prices and Availability
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
Rate 6
31 Oct 2016 - 15 Dec 2016
4 night minimum stay
for 4 nights
Rate 7
16 Dec 2016 - 2 Jan 2017
4 night minimum stay
for 4 nights
Additional pricing information
|No additional mandatory fees
|Refundable Damage Deposit
All prices are INCLUSIVE of linen & towels, cleaning, WIFI, Air Conditioning, TV and electricity*
Changeover Day:
We are flexible on change over days even in High Season.
A 'Single Room Discount' is available upon request**
Long Term Rental is available.
* Unreasonable and excessive use of the AC will lead to a charge for additional electricity
**Not in conjunction with any Special Offer
A deposit of £250 is required to secure your booking and this will subsequently act as a Security Deposit upon payment of the rental.
50% of the rental price is payable 12 weeks before arrival.
The balance (50%) is payable 8 weeks before arrival.
Owner's Cancellation Policy
From the Owner
"We love to spend time enjoying the sun, lying by the pool, strolling on the beach, having a drink on the terrace, eating out at some of the great restaurants nearby & we're (almost!) young enough to enjoy a cocktail or two at Nikki Beach or Puerto Banus. There's a tranquillity around the development yet also a wide variety of activities within easy reach such as sailing, diving, snorkelling, horse riding etc. For the kids Aventura Amazonia is only a 10 min stroll & Tivoli World, Aqualand & Go-Karting are all within a 25 min drive. A trip out here lets us truly unwind & forget about the stresses of daily life, reconnect with ourselves & each other as well as sample a little of the Spanish culture. Yes, that means the wine & the food but there's also some beautiful places to see nearby such as the Rhonda Valley or Casares and Gibraltar is only about an hour's drive."
Property Type
- apartment
- Adventure
- Away From It All
- Family
- Romantic
- Spa
- Sports & Activities
- Tourist Attractions
- Air Conditioning
- Hair Dryer
- Internet
- Iron & Board
- Linens Provided
- Living Room ...
- Parking
- Towels Provided
- Tumble Dryer
- Washing Machine
- Dishes & Utensils
- Dishwasher
- Freezer
- Kitchen ...
- Microwave
- Oven
- Pantry Items ...
- Refrigerator
- Hob
- Toaster
- Dining Area
- DVD Player
- Satellite / Cable
- Stereo ...
- Television
- Video Library
Pool / Spa
- Communal Pool
Onsite Services
- Car Available
- Chauffeur
- Long-term Renters Welcome
- children welcome
- non smoking only
- pets not allowed
Location Type
- near the sea
- village
- cinemas
- live theatre
- marina
- recreation centre
- restaurants
- ruins
- theme parks
- water parks
- winery tours
- zoo
Leisure Activities
- beachcombing
- horse riding
- scenic drives
- sight seeing
- walking
Local Services & Businesses
- ATM/bank
- groceries
- hospital
- massage therapist
- medical services
Sports & Adventure Activities
- cycling
- fishing
- golf
- hiking
- jet skiing
- sailing
- snorkelling
- swimming
- tennis
- water skiing
- wind-surfing
- Bathroom 1 - Toilet, Bath (no shower), Shower Enclosure, Bidet
- Bathroom 2 - Toilet, Bath (no shower), Shower Enclosure, Bidet
- Both bathrooms are tiled with marble tiles and both are are fitted with a full-size bath with shower, a toilet and a bidet.
- 2 Bedrooms, Sleeps 6
- Bedroom 1 - 1 Cot
- Bedroom 2
- Description of sleeping capacity: Sleeps 6 (2 Bedrooms) Notes on bedrooms: Bed 1 has double bed, large wardrobe with chest of drawers, two bedside tables with drawers & a vanity table. Bed 2 has two single beds which can be zipped together to make a double, large wardrobe with chest of drawers & two bedside tables with drawers.
- Balcony
- Terrace
- Golf ...
- Tennis ...
- Self-catering
- Notes on accommodation: We do recommend hiring a car as it is useful to to get around although it is not strictly essential. There is a car parking space available. Please let us know and we can either arrange for car hire or for transfers to/from the airport as well as throughout your stay. We like to be able to accommodate wherever possible but in order to maintain the apartment in the best condition possible we have a no smoking policy indoors and unfortunately we do not accept pets. Outside: The balcony has fabulous views across the valley and out to the sea. You can see the Rock of Gibraltar and the Mountains of Africa on clear days. The outside dining area has a 6 seater dining table and chairs, a beautiful comfy white lounge seating area with its own coffee table and two sun beds for lounging. This is where we love to be during the day and the night! It's mostly secluded but gets the sun all day right through to the evening. You'll love it! Utility Room: Small utility room houses the washing machine and cleaning equipment. Cleaning / Towels / Linen / Maid service: The apartment will be thoroughly cleaned before arrival, and all bed linen and towels are supplied with a fresh linen and towel change for stays of more than ten days. Other: The property has it's own private underground car parking space with remote access. Facilities include a high quality steam iron, ironing board and 2000w hair dryer.


text:
Mini Cheesecakes
Total Time
Prep 10 mins
Cook 15 mins
**Adopted Recipe**
Ingredients Nutrition
- 10 vanilla wafers
- 8 ounces cream cheese
- 1⁄3 cup granulated sugar
- 1 egg
- 2 teaspoons fresh lemon juice
- 1 teaspoon lemon rind, grated
- 1⁄2 teaspoon vanilla extract
- sour cream or whipped cream or nuts or fruit or chocolate shavings
- Preheat oven to 350 degrees F.
- Line muffin pans with paper baking cups.
- Place vanilla wafer in each cup.
- Beat remaining ingredients together until light and fluffy.
- Fill cups 2/3 full with cheese mixture.
- Bake 15 to 20 minutes.
- Garnish with sour or whipped cream, nuts, fruit or shaved chocolate.
Most Helpful
These turned out very well! I topped them with caramel sauce, pecan half, and chocolate. They were a hit!
Absolutely delicious! I didn't have any lemon rind, but it still turned out great!
This is a really great idea! Wonderful for those of us who are watching our weight and are into portion control. Totally delicious!


text:
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August 9, 2012
KEITH OBERDIECK, PLAINTIFF,v.MICHAEL J. ASTRUE, COMMISSIONER, DEFENDANT.
DLB ORDER REGARDING PETITION FOR FEES (Documents 23, 25)
This matter is before the Court on an application for attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), filed on March 22, 2012, by Plaintiff Keith Oberdieck ("Plaintiff"). Defendant filed an opposition on April 23, 2011, arguing that the Government's position was substantially justified and that the fee requested is unreasonable. Plaintiff did not file a reply.
The matter is currently before the Court on the parties' briefs, which were submitted to the Honorable Dennis L. Beck, United States Magistrate Judge.
Plaintiff filed the instant Complaint challenging the denial of benefits on September 15, 2010.
On August 8, 2011, the Court issued Findings and Recommendations that the appeal be granted. The Court adopted the Findings and Recommendations on December 23, 2011. The action was remanded for further proceedings and the ALJ was instructed to properly evaluate the medical evidence and to properly consider Plaintiff's subjective complaints and lay witness testimony.
By this motion, Plaintiff seeks a total of $9,789.82 in attorneys' fees for 54.7 hours of attorney time and $350.00 in costs.
Under the EAJA, a prevailing party will be awarded reasonable attorney fees, unless the government demonstrates that its position in the litigation was "substantially justified," or that "special circumstances make an award unjust." 28 U.S.C. § 2412 (d)(1)(A). An award of attorney fees must be reasonable. Sorenson v. Mink, 239 F.3d 1140, 1145 (9th Cir. 2001). "[E]xcessive, redundant, or otherwise unnecessary" hours should be excluded from a fee award, and charges that are not properly billable to a client are not properly billable to the government. Hensley v. Eckerhart, 461 U.S. 424, 434 (1983). A court has wide latitude in determining the number of hours reasonably expended. Cunningham v. County of Los Angeles, 879 F.2d 481, 484 (9th Cir. 1988).
A. Substantial Justification
To show substantial justification for conduct, the Commissioner has the burden of establishing that the conduct had a reasonable basis both in law and fact based on the record of both the underlying government conduct at issue and the totality of circumstances present before and during litigation. Hardisty v. Astrue, 529 F.3d 1072 (9th Cir. 2010); Sampson v. Chater, 103 F.3d 918, 921 (9th Cir. 1996). The Commissioner is substantially justified if his position met "the traditional reasonableness standard-that is 'justified in substance or in the main,' or 'to a degree that could satisfy a reasonable person.'" Lewis v. Barnhart, 281 F.3d 1081, 1083 (9th Cir. 2002) (internal citations omitted). The Supreme Court has explained that "a position can be justified even though it is not correct, and we believe it can be substantially ... justified ... if it has a reasonable basis in law and fact." Id. (citing Pierce v. Underwood, 487 U.S. 552, 566 n. 2 (1988)). The Commissioner's position must be substantially justified "with respect to the issue on which the court based its remand." Flores v. Shalala, 49 F.3d 562, 569 (9th Cir. 1995).
Here, the Court remanded on three issues: (1) analysis of Plaintiff's credibility; (2) analysis of the treating physician's opinion; and (3) analysis of lay witness testimony.
In finding error in the ALJ's rejection of Plaintiff's testimony, the Court determined that five out of the six reasons cited by the ALJ were improper. In fact, after finding that the ALJ improperly relied on Plaintiff's failure to lose weight, the Court noted that the Commissioner's arguments in opposition disregarded SSR 02-1p and failed to discuss relevant case law. Defense of an ALJ's failure to comply with laws or regulations lacks substantial justification. See Gutierrez v. Barnhart, 274 F.3d 1255, 1259--60 (9th Cir.2001).
As to Dr. Cook's opinion, the Court found, in part, that the Commissioner's reliance on a "goal" was flawed. The ALJ had discounted Dr. Cook's assessment because it was not supported by his treatment notes, explaining that his limitation to 15 minutes of standing and walking was inconsistent with his note that Plaintiff's "goal was to do aerobic exercise for 30 minutes a day." The Court found that the 30 minutes was a "goal" and that the evidence did not demonstrate that Plaintiff could, in fact, exercise for 30 minutes a day. Given the obvious definition of the word "goal," the Commissioner's contention did not have a reasonable basis in law or fact for at least a portion of his argument. See Li v. Keisler, 505 F.3d 913, 918 (9th Cir.2007) ("[T] he government must show that all of these positions were substantially justified in order to avoid an award of EAJA fees.").
Finally, the Court found error in the ALJ's failure to address the portions of the lay witness testimony that supported limitations identified by both Plaintiff and his treating physicians. The Court concluded that the ALJ failed to explain why he rejected this testimony and improperly discussed only evidence to support his conclusion. The Commissioner believes that his position was reasonable considering the ALJ addressed a large portion of the testimony. The Court finds that this position is reasonable given the somewhat vague instructions regarding lay witness testimony, though it does not change the ultimate finding that the Commissioner's position was not substantially justified for the reasons set forth above. See Li v. Keisler, 505 F.3d 913, 918 (9th Cir.2007).
Accordingly, the Commissioner's position was not substantially justified.
B. Reasonableness of Request
Plaintiff requests a total $9,789.82 for 54.7 hours of attorney time spent litigating this action. Plaintiff also requests costs in the amount of $350.00. In support of his request, Plaintiff submits the declaration of his attorney, Sengthiene Bosavanh.
1. Excessive Time Spent Between Filing Complaint and Answer
The Commissioner first objects to 2.2 hours spent between September 15, 2010, and November 9, 2010. This time was spent reviewing basic Court filings related to the application to proceed in forma pauperis, consent documents, and service documents. The entries also include time spent preparing service documents.
While these are compensable tasks, the Court agrees that 2.2 hours is excessive given the simplicity of the tasks. The Court has previously explained that reviewing Court documents is a necessary attorney task, but has questioned the total amount of time spent on such tasks resulting from the method of billing in one-tenth of an hour increments. Here, Counsel has billed a total of 2.2 hours, almost half of which was billed in separate .1 entries for simply glancing at common Court documents or service documents. Moreover, on October 5, 2010, there are five separate .1 entries for reviewing Court and service documents. This time is excessive and the Court finds that 1.0 hour is reasonable compensation for reviewing Court documents and completing service. See eg. Lingenfelter v. Astrue, 2009 WL 2900286 (C.D. Cal. 2009).
2. Time Spent Reviewing Administrative Record and Preparing Briefing
The Commissioner next objects to 41 hours of time spent researching and preparing the Confidential Letter Brief, Opening Brief and Reply Brief. The Commissioner points to Counsel's experience, the routine nature of the issues presented, the necessary overlap between the Confidential Letter Brief and the Opening Brief, and the repetitive nature of the Reply Brief.
Here, Counsel spent 13.6 hours reviewing the ALJ's decision and transcript, researching issues and preparing the Confidential Letter Brief. The Court has often noted that preparing the Confidential Letter Brief likely frames the issues and allows some cross-over for the Opening Brief. This suggests that the additional 14.6 hours spent in preparation of the Opening Brief is excessive. While the Court appreciates the need to re-examine materials, analyze the Commissioner's response to the Confidential Letter Brief and spend additional time preparing the Opening Brief, an additional 14.6 hours is excessive.
The Opening Brief was 21 pages and presented five well-developed issues. In fact, the Court found in favor of Plaintiff on a majority of the issues. Based on the prior time spent in preparation of the Confidential Letter Brief and the relatively routine nature of the issues presented in the Opening Brief, however, the Court finds that this time should be reduced to 10.0 hours.
Counsel spent an additional 12.8 hours on the Reply Brief. As this Court has explained previously, Counsel often unnecessarily repeats arguments in the reply that were already thoroughly presented in the Opening Brief. In this action, however, a majority of the 10 page Reply Brief responded to arguments made by the Commissioner. Counsel also needed to respond to the Commissioner's presentation of additional evidence, evidence that Plaintiff believed was improperly submitted. Nonetheless, 12.8 hours is excessive and the Court finds that 10 hours is reasonable compensation.
Plaintiff=s motion is GRANTED. Plaintiff is entitled to an award in the total amount of $8,601.38, broken down as follows:
2010: 5.4 hours at $175.06 per hour = $945.32 2011: 40.7 hours at $179.51 per hour = $7,306.06
Costs: $350.00
This amount is payable to Plaintiff pursuant to Astrue v. Ratliff, 130 S. Ct. 2521 (2010).
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text:
- Description
Urban Styles presents its marble dining collection.
This gorgeous 3" marble table top is made of 100% authentic marble with black on grey marble accents throughout the table top.
The tufted designed chairs are accented by a modern tufted bench.
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November 4, 1993
JOHN DRIGGS CORPORATION AND RELIANCE INSURANCE COMPANY, PETITIONERSv.DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, RESPONDENT
On Petition for Review of a Decision of the District of Columbia Department of Employment Services
Before Rogers, Chief Judge, Steadman and King, Associate Judges.
ROGERS, Chief Judge: Petitioners, John Driggs Corporation and Reliance Insurance Company, appeal the decision of the Director of the District of Columbia Department of Employment Services denying their claim under the District of Columbia Workers' Compensation Act for reimbursement from the special fund pursuant to D.C. Code § 36-308 (6) (1993 Repl.). The trustee of the special fund responds that petitioners were properly denied relief but for the wrong reason, which, the trustee suggests, should be addressed by the agency on remand. Accordingly, because we agree that the rationale of the Director's decision appears to be inconsistent with the statute, but that there appears to be an alternative ground available to the agency, we reverse and remand the case to the agency.
While working as an engineer for John Driggs Corporation (Driggs), William Kerns injured his lower back in February 1986 when he slipped off a front-end loader that he was operating. Although Driggs and its insurance carrier, Reliance Insurance Company (Reliance), disputed liability, the agency awarded Kerns permanent partial disability benefits. A hearing examiner (Roebuck) found that Mr. Kerns suffered from spondylosis and spondylolisthesis, *fn2 which pre-existed the February 1986 work-related fall for which he sought compensation. The hearing examiner also found that the pre-existing condition and the accident had combined to render Mr. Kerns unable to return to his usual type of employment.
Thereafter, petitioners sought reimbursement from the special fund for compensation paid to Mr. Kerns in excess of 104 weeks under the theory that the work-related injury had combined with Kerns' pre-existing back condition to cause a substantially greater impairment. The Office of Workers' Compensation (OWC) denied their claim on the ground that they had not demonstrated that the pre-existing disability or impairment had been "manifest." *fn3 Petitioners requested a hearing, which was held on February 13, 1989, before a second hearing examiner (Tibbs). Although no witnesses were called, Driggs and Reliance submitted reports of medical examinations occurring after the 1986 accident and the deposition of their expert, Dr. Ramon Jenkins. Dr. Jenkins opined that Mr. Kerns had spondylolysis since "early childhood" and a "mild degree of spondylolisthesis" for many years, but that this condition had been asymptomatic prior to the 1986 fall he sustained at work. According to Dr. Jenkins, if Mr. Kerns "hadn't fallen from the front loader and had his back examined radiographically we would never had known" that he suffered from this condition. Dr. Jenkins testified that Mr. Kerns suffered a twenty percent permanent partial disability, of which fifteen percent was attributable to his previous condition and five percent to the work-related injury.
The second hearing examiner (Tibbs) also denied petitioners' claim for reimbursement under the special fund, but on the ground that although there had been a pre-existing impairment, that impairment bad not combined with the work injury to create a substantially greater disability. *fn4 Basing this Conclusion on Dr. Jenkins' testimony that only five percent of Kerns' twenty percent permanent partial disability was due to the work-related accident, the hearing examiner ruled that this was insufficient to constitute a "substantially greater disability." Petitioners appealed to the Director of the agency, who affirmed. The Director noted that "the statutory language recorded in § 36-308 (d) [codified as § 36-308 (6)] of the Act provides for Special Fund relief where the second injury is a catalyst for producing a substantially greater disability," but "adopted and affirmed" the hearing examiner's decisions "in all respects," agreeing that " 5% increase in overall disability is not considered a substantially greater disability."
On appeal, petitioners contend that the decision of the Director, based on the hearing examiner's findings and Conclusions, was irrational and contrary to applicable law. Specifically, they contend that the language and legislative history of § 36-308 (6) demonstrate that Mr. Kerns' pre-existing impairment and the work injury combined to cause a substantially greater disability warranting special fund relief for any compensation petitioners paid Kerns beyond 104 weeks. The trustee of the special fund responds that the agency reached the proper result in denying special fund relief, but maintains that it did so for the wrong reason. Essentially, the trustee asks the court to read into § 36-308 (6) the requirement that a pre-existing condition be "manifest" to the employer at the time the employee is hired or at least at some point prior to the compensable injury in order to be eligible for reimbursement from the special fund.
First, we conclude that the rationale of the Director's decision to deny special fund relief appears to be contrary to the statutory language and the underlying purpose of the statute. See Red Star Exp. v. District of Columbia Dept. of Emp. Serv., 606 A.2d 161, 163 (D.C. 1992) (standard of review). Section 36-308 (6) provides that an employer may recover for compensation payments in excess of 104 weeks of permanent partial or permanent total disability arising out of a second injury to a worker when that injury "combined with a previous occupational or nonoccupational disability or physical impairment causes substantially greater disability or death. . . ." Both the Director and hearing examiner Tibbs gave considerable weight to Dr. Jenkins' expert testimony that only five percent of Mr. Kerns' twenty percent permanent partial disability was due to the work-related accident. *fn5 They concluded, in essence, that Mr. Kerns' pre-existing condition made too great a contribution (seventy-five percent) to his permanent disability rating, while the contribution of the work-related injury (twenty-five percent) was too small to warrant special fund relief. The trustee argues that there is no basis in the statute for this ruling. The emphasis on the proportional contribution of each injury to the overall permanent disability appears to be misplaced since it is not supported by either the language of the statute or its underlying purpose.
The plain language of § 36-308 (6) does not suggest that whether a disability is "substantially greater" is to be measured solely by the percentage traceable to the work-related injury. Section 36-308 (6) provides that the combination of injuries must yield the "substantially greater disability" *fn6 It contains nothing to suggest that one of the two factors (the work injury), standing alone, must reach a certain threshold in order to render the total (the resultant disability) "substantially greater." See ARTHUR LARSON, THE LAW OF WORKMEN'S COMPENSATION, § 59.32 (g), at 10-492.482 (1993) ("although the prior impairment need not combine with the compensable injury in any special way, it must add something to the disability before the Special Fund can become liable"). Contrary to the reasoning of the hearing examiner and the Director, the term "substantially greater disability" does not require a numerical analysis comparing the percentage of the permanent disability attributable to the work-related accident to the percentage of the total disability. The Director's Conclusion that a five percent increase in disability was insufficient to entitle the employer to special fund relief appears, therefore, to be erroneous. *fn7
An examination of statutes similar to § 36-308 (6) supports the Conclusion that the rationale of the Director's order appears to be untenable. The District's special fund was modeled on the so-called "second-injury" provision of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 908 (f) (1988), *fn8 which provides that the resultant disability must be "materially and substantially greater than that which would have resulted from the subsequent injury alone." 33 U.S.C. § 908 (f) (1988). See, e.g., Office of Workers' Compensation Programs v. Potomac Elec. Power Co., 197 U.S. App. D.C. 193, 197, 607 F.2d 1378, 1382 (1979) ("the pre-existing partial disability must have contributed to the seriousness of the employee's second injury"); Office of Workers' Compensation Programs v. Cargill, 709 F.2d 616, 617 (9th Cir. 1983) (relief available where employee sustains "an injury that would not have resulted in as great a disability" if worker had not suffered from pre-existing condition). Various state courts have likewise viewed this phrase to mean greater disability than that which would have been caused by the second injury alone. See, e.g., Kennecott Copper Corp. v. Chavez and New Mexico Subsequent Injury Fund, 111 N.M. 366, 805 P.2d 633, 638 (N.M. Ct. App. 1990) (reimbursement triggered only where worker's disability is "materially and substantially greater as a result of the combination of impairments than it would have been as a result of the later accident alone"); Special Indem. Fund v. Scott, 652 P.2d 278, 280 (Okla. 1982) (for liability of fund to attach, claimant must have "suffered greater disability from the impairment and injury combined"); Flor-A-Crete Indus., Inc. v. Drake, 409 So. 2d 1196, 1197 (Fla. Dist. Ct. App. 1982) (pre-existing disability must combine with work-related injury to create "a greater disability than would have existed absent the accident").
The Director's emphasis on the five percent contribution of the work injury to the resultant disability appears inappropriate for the further reason that such an approach would undermine the purpose of the special fund provision. The purpose of § 36-308 (6) -- to encourage employers to hire and retain handicapped workers -- is served by limiting employers' liability for disabilities which result from the combination of a pre-existing impairment and a subsequent, work-related accident. See supra note 8, REPORT OF THE COMMITTEE ON PUBLIC SERVICES AND CONSUMER AFFAIRS at 13; id, REPORT OF THE COMMITTEE ON HOUSING AND ECONOMIC DEVELOPMENT at 16; see also Office of Workers' Comp. Programs v. Berkstresser, 287 U.S. App. D.C. 266, 270, 921 F.2d 306, 310 (1990); Office of Workers' Comp. Programs v. Cargill, supra, 709 F.2d at 619, 709 F2d at 619. When considered in light of the legislative purpose, the Director's rationale appears counter-intuitive. If there is merit to numerical comparisons, requiring that the pre-existing condition be a greater factor in the resultant disability than the work injury would appear to be more consistent with the overriding purpose of § 36-308 (6). The smaller the work-related injury's part in the resultant disability, the more deserving, arguably, the employer ought to be of special fund reimbursement. The statute's purpose would thus be served because employers willing to hire employees with serious pre-existing impairments would be rewarded for the risk taken. By contrast, to require that the work-related injury be significantly responsible for the total disability would appear to undermine the goal of encouraging employment of handicapped workers.
Because the decision of the Director and hearing examiner appears to be inconsistent with the language and purpose of § 36-308 (6), an affirmance of the Director's decision under the rationale relied upon would be extremely problematical at best. See Cooper v. District of Columbia Dept. of Emp. Serv., 588 A.2d 1172, 1176 (D.C. 1991). See also Abramson Assoc., Inc. v. District of Columbia Dept. of Emp. Serv., 596 A.2d 549, 554 (D.C. 1991) (citations omitted); Jones v. District of Columbia Dept. of Emp. Serv., 519 A.2d 704, 709 (D.C. 1987) (citations omitted); Securities and Exchange Comm. v. Chenery, 318 U.S. 80, 95, 87 L. Ed. 626, 63 S. Ct. 454 (1943).
Second, we conclude that a remand is appropriate since another rationale may support the denial of special fund relief. In advocating a remand, the trustee argues that the agency has previously recognized that the employee's condition must be "manifest" to the employer as a precondition to special fund relief. However, the trustee advises that the agency has not set forth the standards for determining whether or not the employer has met its burden to show that the condition was "manifest." Upon remand the agency shall set forth the standards for any requirement that a medical condition must be manifest in order to be eligible for reimbursement from the special fund. See Lee v. District of Columbia Dept. of Emp. Serv., 509 A.2d 100, 102 (D.C. 1986); Hughes v. District of Columbia Dept. of Emp. Serv., 498 A.2d 567, 570 (D.C. 1985); cf. Pro-Football, Inc. v. District of Columbia Dept. of Emp. Serv., 588 A.2d 275, 279 (D.C. 1991).
Before the agency, the parties had agreed that the issues were (1) whether Mr. Kerns had a pre-existing permanent partial disability at the time of the February 19, 1986 work injury, and (2) whether the pre-existing condition or disability was manifest prior to the work injury. *fn9 At the hearing, in addressing the first issue, counsel for the petitioners argued that they did not need to demonstrate that Mr. Kerns' pre-existing condition was manifest, maintaining that the agency had abandoned that requirement in its decision in Beta Construction Co. v. Office of Workers' Comp. Programs, H & AS No. 83-124 (October 10, 1985). Because the second hearing examiner (Tibbs) found against the employer without reaching the "manifest condition" issue, the question remains whether § 36-308 (6) should be construed to require an employer to demonstrate that a pre-existing impairment was manifest" when the worker was hired or some time prior to the work injury as a prerequisite to special fund relief. The trustee contends that the scope of § 36-308 (6)'s limitation of liability is itself restricted by its underlying purpose of encouraging employers to hire previously disabled workers, and was not meant to be a windfall for employers who unknowingly hire such workers. According to the trustee, this purpose must be implemented by establishing the rule that only those pre-existing conditions that are manifest at the time of employment can serve to limit an employer's liability.
Neither the federal nor the District of Columbia statute expressly require that the pre-existing condition be manifest to the employer. As the trustee points out in its brief, however, federal courts have imposed the requirement that a pre-existing condition must be manifest to the employer as a means of implementing the purpose of the special fund. Most federal circuit courts of appeal have imposed such a requirement; *fn10 in 1989, the Sixth Circuit declined to impose the requirement, except to avoid fraudulent claims, in light of what it found to be a shift in Congressional emphasis from concerns about discrimination to encouragement of hiring of disabled workers. *fn11 See also LARSON, THE LAW OF WORKMEN'S COMPENSATION, supra, § 59.33 (a) at 10-492.503, 10-493-496. To the extent that the local workers' compensation statute is modeled on the federal Longshoremen's and Harbor Workers' Act, the Council of the District of Columbia, in enacting a local law, would be deemed to have incorporated into the local law the manifest condition requirement that federal courts had imposed in interpreting the federal statute. See Meiggs v. Associated Builders, Inc., 545 A.2d 631, 635 (D.C. 1988) ("When a local provision is borrowed directly from a federal statute, the Council [of the District of Columbia] is presumed to have borrowed the judicial construction thereof as well.") (quoting Hughes v. District of Columbia Dept. of Emp. Serv., supra, 498 A.2d at 571 n.8). See also Red Star Exp. v. District of Columbia Dept. of Emp. Serv., supra, 606 A.2d at 162 n.1. Thus, the source of the agency's requirement that a condition must be "manifest" would arise from the legislation itself. The Council could not, of course, be presumed to have intended to adopt further refinements of the manifest condition doctrine enunciated by the federal courts after the Council enacted the local act. *fn12 See Meiggs v. Associated Builders, Inc., supra, 545 A.2d at 635.
In the leading case, the United States Court of Appeals for the District of Columbia Circuit in 1970 adopted the manifest condition requirement as appropriate in view of the purpose of the federal workers' compensation statute to remove discrimination against the disabled in hiring; the discrimination would arise from a disability that manifested itself to the employer. American Mut. Ins. Co. of Boston v. Jones, 138 U.S. App. D.C. 269, 273, 426 F.2d at 1267, note 10. Observing that the second injury fund is not intended to be a windfall, nor to actively encourage employment of the handicapped, the court stated that "its purpose was simply to remove that aspect of discrimination against the disabled which would otherwise be encouraged by the very statute intended to protect them." *fn13 Id.
As the trustee points out, the District's statute has the same anti-discrimination purposes as the comparable provision of the federal Longshoremen's and Harbor Workers' Compensation Act. The District's statute defines "physical impairment" as a condition that is "likely to be a hinderance or obstacle to obtaining employment." See D.C. Code § 36-301 (17) (1993 Repl.). This takes into account the employer's subjective fears that a disabled person will be a less capable worker, will be more likely to be injured, or will be likely to suffer greater disability from an injury. See Red Star Exp. v. District of Columbia Dept. of Emp. Serv., supra, 606 A.2d at 163-64. The legislative history indicates that the D.C. Council included the special fund in the local statute to remove any "deterrent to the rehiring or hiring" of employees with "previous disabilities or impairments" and to return "injured employees to gainful employment." See supra note 8. Consequently, in view of the similar purposes of the federal and local special fund, the agency appears to have concluded heretofore that evidence of a manifest condition is a precondition to the employer's eligibility for reimbursement from the special fund. For example, in Vass and Hastings and Nationwide Insurance v. Office of Workers' Comp. Programs, H & AS No. 87-546B (May 3, 1989) at 4, the hearing and appeals examiner denied special fund relief, stating in the final compensation order that "there was no indication in the evidence presented that the employers, Vass and Hastings, were aware of the claimant's mental condition prior to hiring him." Contrary to the petitioners' argument, we do not read the final compensation order in Beta Construction Co. v. Office of Workers' Comp. Programs, supra, to include a rejection of the manifest condition requirement; rather, the agency disposed of the case on other grounds. See Beta Construction Co. v. Office of Workers' Comp. Programs, supra, at 13.
Therefore, we conclude that the case should be remanded to the agency for explicit consideration of the "manifest" condition issue and the delineation of precise standards for the determination of whether an employer has meet its burden in this regard. Thereupon, the agency shall determine whether petitioners have met their burden so defined. *fn14
Accordingly, we reverse and remand the case to the agency for further proceedings.
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