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Fifty percent of IT managers polled by InformationWeek's Optimize magazine say they are under increasing pressure to demonstrate that their tech investments are showing positive returns. "The trick to IT being more effective is treating it as if it's a separate business," contends Ed Pillard of PricewaterhouseCoopers Consulting. Other business units are defined as customers, and Pillard says that IT units can shave costs from other departments by billing these "clients" according to IT resource use. He explains that billing based on floor space or staff size is an indication that business unit leaders have little influence on IT spending. CMX Group President Sid Finehirsh says that IT teams should have a more collaborative relationship with the other business units, and assist them in using technology to gain an edge. Still, Pillard notes that CIOs should keep in mind that some services can only be run by third-party outsourcers. Outsourcing is an especially sensible choice for small companies with finite budgets. Starbucks Coffee follows both these strategies: Karen Metro, vice president of Starbucks' North American business systems, says that IT staffers report directly to their business units, which set their own IT budgets, while the chief financial officer, IT managers, and unit heads meet on a regular basis to prioritize the company's IT costs; meanwhile, the company outsourced its Starbucks Card program last year to ValueLink, a third-party vendor.
The music industry is becoming more aggressive in its efforts to clamp down on digital piracy. Most recently, the Recording Industry Association of America (RIAA) filed a motion to force Verizon Communications to disclose the name of a customer reportedly trafficking hundreds of pirated songs, and sued four Internet backbone providers to block access to a China-based site that supplies pirated albums. Such maneuvers are intended to urge backbone providers to be more proactive in monitoring their networks; they also warn pirates--even those who operate outside the United States--that they can be tracked and stopped. David Farber of the University of Pennsylvania notes that the majority of North America's Internet traffic is channeled through four major backbone providers--UUNet, AT&T, Sprint, and Cable & Wireless. Such traffic heading for a blocked site could quickly and instantly be diverted, which is cause for worry among experts. "The concern is that the people who run these sites may never get their day in court," explains Mark Lemley of the University of California, Berkeley. Gartner analyst P.J. McNealy adds that policing the Internet "opens up a huge can of worms for [providers]." RIAA counsel Matthew Oppenheim describes suing backbone providers as a last resort.
Hours after the Washington Post reported that ForensicTec Solutions consultants were able to break into computers at Fort Hood, the Energy Department, NASA, and other government centers using freely available software, federal law enforcement investigators searched the systems of the San Diego-based security company, according to officials. ForensicTec consultants said they accidentally discovered the vulnerabilities two months ago, and decided to explore them out of curiosity and amazement at such poor security. Sensitive files contained in the vulnerable machines were available for those in the know, or protected by easily guessed or easily circumvented passwords, the consultants explained. ForensicTec officials claimed that they disclosed the vulnerabilities in order to alert the government and "get some positive exposure." However, federal authorities consider this to be a criminal case. "Unauthorized intrusion into Army computers, regardless of the justification, violates federal law," declared Marc Raimondi of the Army Criminal Investigation Command. Tiffany Olson of the President's Critical Infrastructure Protection Board insisted that it is people's duty to report such vulnerabilities, not exploit them.
"Warchalking" and "wardriving" are activities designed to locate where people can establish an easy Wi-Fi connection. Wardrivers, for example, roam throughout neighborhoods on cars or bicycles, using laptops with Wi-Fi cards to identify strong wireless connections. These practices have drawn the attention of federal authorities. FBI special agent Bill Shore is concerned that warchalk maps could be used by terrorists, and urged members of Pittsburgh's business community to protect their wireless networks. "If someone has malicious intent, they can identify the network that is open, use that to log on and execute the attack, and then be gone," he adds. The Electronic Frontier Foundation's Cory Doctorow notes that Wi-Fi operators in cities such as New York and San Francisco advocate the sharing of wireless network access, and he says that the FBI's actions infringe on their rights. Furthermore, he contends that warchalkers are not responsible, and insists that the real culprit behind poor wireless network security is companies' failure to comply with security protocols.
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The European Parliament is discussing the revision of the 1997 EU Directive on privacy in telecommunications, which currently authorizes that communications-related data can only be retained for billing purposes and then must be erased. The British Internet organization Statewatch says that it has seen a copy of a binding "framework decision" that would force all European telephone carriers, ISPs, and mobile network operators to retain such data--customers' Web use, emails, and phone calls, for example--for up to 24 months so that governments and law enforcement agencies can access it. Statewatch editor Tony Bunyan notes that this goes against the EU governments' promise not to make amendments to the directive binding on member states. "Now we know that all along they were intending to make it binding, compulsory across Europe," he contends. Furthermore, Bunyan says that the basic rights of data protection, supervisory oversight, and judicial review would be eliminated by the draft network decision.
Until recently, viewing Web pages on mobile devices such as phones and PDAs was not an enjoyable task. But more capable devices, emerging standards, and 2.5G networks have made the wireless Web more appealing for both users and Web content providers. Gartner vice president Ken Dulaney says that the wireless Web is becoming a more standard part of Web architecture in many enterprises, which is helping make viewing Web pages on mobile phones, for example, less troublesome. AvantGo is one company focusing solely on tailoring sites for viewing on mobile devices. Using HTML and Javascript, AvantGo is also helping companies figure out how to create pages that can be cached on a phone's internal memory, as well as customizing bitmap images that do not need resizing. Air2Web focuses more on making Web pages viewable on the broadest number of mobile device screens as possible. Air2Web wireless architect Mike Starr says his company's technology allows for flexible wireless Web pages that are correctly displayed on a number of mobile devices.
In Philadelphia, over 900 defense and intelligence community specialists from both government and the private sector met yesterday to debate how to improve data sharing and collaborative efforts between federal, state, and local agencies in the event of a terrorist attack on the United States. Attendees agreed that the best course of action is to use federal IT investments to devise a national data-sharing framework, rather than build one from the ground up. One information-sharing project that dates back before Sept. 11 is the Intelligence Community System for Information Sharing (ICSIS), which supplies networks that have different security controls and classification levels with secure gateway interfaces and would allow analysts to exchange top-secret intelligence reports that have been cleaned up for public consumption. ICSIS is expected to be a step up from the Intelink classified intelligence community intranet, according to ICSIS director of architecture Dolly Greenwood. The system is in the first phase of development, and components being created include a public-key infrastructure, a directory to identify experts and analysts throughout the many intelligence community agencies, a collaborative tool suite, metadata and interoperability specs to maintain data discovery, and trusted and controlled interfaces between agency-specific communities. Meanwhile, Stephen Selwyn of the Intelligence Community CIO Office says that the Web-based Intelligence Community Collaborative Presence (ICCP) will be ready for implementation by November. ICCP will depend on digital certificates and Secure Socket Layer, and enable real-time, cross-community collaboration via a software-based tool kit. Meanwhile, Intelink's John Brantley notes that officials are developing more virtual private network links to supply secure interfaces between ICSIS and state, local, and federal agencies.
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Microsoft's Madelyn Bryant McIntire leads an effort to embed functionality within computers so that they are accessible to handicapped users whose disabilities range from slight to severe. She says the initiative is business-driven rather than philanthropic. Early Microsoft innovations for the disabled include Sticky Keys software that allows users to press one key at a time; ToggleKeys, a program that produces a musical note whenever a visually impaired user hits a locking key; and FilterKeys, which tweaks keyboard response to account for errors made by users afflicted with neuromuscular ailments. The release of Windows 2000 and Windows XP has brought with it a host of new accessibility options. Such tools include Magnifier, a program that enlarges text for the visually impaired, and Narrator, which assists blind users by reading words displayed on the screen. McIntire explains that the 14-year lag time between the launch of Sticky Keys and these latest applications is due to the complexity of the operating system, and some experts say that the accessibility tools are as much a marketing ploy as they are aids for the handicapped. In a manual published this year, Microsoft argues that businesses need to incorporate utilities for disabled personnel so that they can comply with regulations and avoid discrimination. McIntire adds that the new products are designed to aid handicapped users who occasionally need to use different computers, so it is not a matter of trying to vie with other software developers for the disabled market.
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In his book "A New Kind of Science," physicist Stephen Wolfram boils down the universe to a simple computer program, one whose instructions have yet to be revealed. He uses a cellular automaton (CA) as the basis for his theory: A CA forms an architecture that dictates how discrete cells on a fixed grid change states as a result of changes in nearby cells. His research in the CA phenomenon led to an intuitive leap that the complexity of the universe follows the same model. Some scientists regard Wolfram's findings with skepticism, since such bold theories have been presented before without making a significant impact on mainstream science. Former director of MIT's computer science laboratory Ed Fredkin proposed a similar theory over three decades ago, stating that the universe is determined by integers. Princeton University mathematician John Conway disputes such notions, saying, "A CA behaves in a fundamentally different way than the rest of the universe." He notes that the CA model cannot account for certain things, such as the wave-like behavior of certain particles dictated by quantum mechanics, or the differing perception of events according to frame of reference, as outlined by Einstein. However, there are scientists who view physical interactions as calculations and flows of data, and MIT physicist Seth Lloyd acknowledges that it is conceivable to think of the universe as a vast computer, although it probably does not resemble the computers we are familiar with.
Researchers at the Pacific Northwest National Laboratory have discovered a way to reduce the energy needed to power magnetoresistive random-access memories (MRAMs), making the hardware more durable in the process. The scientists worked with colleagues from Sandia National Laboratories to create magnetic tunnel junctions just atoms thick. The thickness of these junctions determines the amount of power needed to change the magnetic properties that store data. Scientists had previously been forced to create magnetic tunnel junctions at unsuitable thicknesses, in order to keep the metal films from developing clumps. By introducing water fragments, the researchers were able to help the metal films crystallize much faster, before atoms began clustering. Chief scientist Scott Chambers says the discovery will help in the construction of instant-on computers, since the new technology would be able to store much more data while using far less power than existing nonvolatile storage technologies.
Notebook computer designs are continuing to improve, especially as the notebook market continues to grow as the overall PC market declines. Gartner estimates that notebook sales rose 6.1 percent in the second quarter, adding fuel to the fires of innovation at notebook manufacturers. Notebook makers are constantly looking for new ways to add power, storage, and larger displays while extending battery life. Fuel cell technologies, which generate electricity from the molecular breakdown of methanol gas, are set to appear in notebooks in 2004 or 2005, according to Intel Capital's Mike Rocke. Intel is investing in several startups touting potential notebook technologies, including fuel cell firm PolyFuel and Cap-XX, which creates supercapacitors. Another upcoming feature for notebooks is always-on wireless network connections, which allow users to move in and out of Wi-Fi network coverage, using cellular coverage in between. IBM and startup OQO are also separately releasing handheld computers this year with all the capabilities of a full-fledged computer. Synaptics is also ready with a new touch pad that incorporates a second screen display on the pad itself, allowing for a number of auxiliary functions, such as messaging on-the-side and a separate application launch pad.
The average professional will not have enough IT skills to compete in a job market that increasingly relies on workers well-versed in technology, according to a report from the National Policy Association. The nonprofit's senior vice president, James Auerbach, concludes that the lack of IT workers will therefore continue even after the economy starts to bounce back. The report was issued by the Digital Economic Opportunity Committee, which is developing training programs to boost the average worker's skills with the help of business, labor, education, government, and nonprofits. Auerbach insists that employee education is a continuous process, and all sectors need to be more proactive in the development of training programs. The viaLink Company's Jack Scott observes that the last 10 years has witnessed "a steady decline" in U.S. computer science graduates, and cites discouraging factors such as the field's lack of "sexiness" to students and "farm" programs that companies such as Microsoft and IBM require employees to complete. He also points out that tech expertise has shifted away from the United States to overseas regions in the same period. RHI Consulting's John Reed notes that more employee positions have opened up in the last month, but says that "The most successful candidates have years of experience and have been working for large companies."
The Internet2 network serving many U.S. universities is now running Internet Protocol version 6 (IPv6) alongside the old code used to manage Internet traffic. IPv6 will provide for virtually limitless Internet addresses and avoid the impending shortage of addresses many networking experts fear with IPv4, which only allows for about 4 billion addresses. In addition, IPv6 routes Internet traffic more efficiently and provides more streamlined operations for things such as multicasting video streams to many destinations. Internet2 operators expect to support both versions of the software on the Abilene network backbone until most users switch over to the new system, a changeover which may take several years, especially in the United States. Networks and users in other countries have been more quick to adopt IPv6 technologies, with France's Renater and the Dutch SURFnet advanced networks running IPv6, for example. For now, the Internet2 consortium and the IPv6 Forum will work to educate university network engineers about the new Internet standard by holding workshops.
Britain's Copyright and Trade Marks Act 2002 will target businesses that use unlicensed software, according to Bristows partner Rachel Burnett. Under the new legislation, businesses that make unsanctioned copies of copyrighted works will be subject to a maximum penalty of 10 years instead of two. Furthermore, the use of search warrants will be justified. In addition, Burnett says that the act would fortify previously enacted software usage laws, such as the Computer Misuse Act 1990 and the Copyright, Designs, and Patents Act 1988. She explains that "It may be difficult for some businesses to check up on the business-wide use of all their software, but they ought to be doing so for three reasons: to ensure that they are not paying out more in licensing and support fees than they should be; to be commercially aware of what they have available to them, whether software, machinery, or other resources; and to comply with the law." Burnett says it is unlikely in most cases that IT directors will draw a prison sentence for copyright offenses. However, the Federation Against Software Theft's latest Software Licensing Survey finds that 40 percent of 2,500 U.K. organizations lack software compliance management policies, which makes company directors liable for violations. The same survey notes that the percentage of organizations that consider software compliance a board-level issue has risen from 19 percent to 56 percent in the last year.
University of Brussels Professor Luc Steels, who also heads Sony's Computer Science Laboratories in Paris, believes that robots can become more intelligent by allowing them to interact with one another and develop their own forms of communication and "culture." Steels has overseen projects in which thousands of software agents control robots around the world by traveling throughout the Internet. These agents are capable of being "taught" to associate objects seen by the robots with certain words, and of interacting with other agents using those words; words and meanings therefore proliferate among the agents in much the same way they do in human culture. Steels's argument runs counter to that of experts who believe the key to robotic intelligence is the creation of increasingly complex machines. It also goes against the fundamental principle of the Turing test, in which a machine is considered to have human-like intelligence only if a person cannot distinguish between it and a human being in a conversation. The type of machine intelligence Steels envisions cannot be judged by such criteria, according to him. "There is a danger in the field of viewing humans as machines, as automata, the way biology looks at humans as complex machines," he says. Steels presented his theories at a conference in Bristol last week, where they were greeted with skepticism from other researchers.
University of California, Berkeley researchers Paul Alivisatos and Janke Dittmer have developed a semiconductor-polymer voltaic cell that they claim can be painted onto any surface, enabling devices to be powered by solar energy whenever their batteries run low. Such cells are much more robust than silicon-based cells. "You could design a pocket calculator with a flexible solar cell, and it could take any shape--even round--and would be fully flexible," says Dittmer, who adds that the technology could also be applied to wearable electronics. The cells are composed of a nanorod-plastic combination positioned between a pair of electrodes; one electrode is made from transparent plastic and the other is fashioned from flexible aluminum. The cells do not need to be assembled in clean rooms or vacuum chambers, which means their manufacture will be simpler and cheaper than that of traditional cells. However, Dittmer notes that the technology needs to be made more efficient before it can be commercialized.
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Dozens of publicly funded cuddly mascots could be culled in Osaka after the prefectural government found the public doesn't recognize many of them, as managers look to rein in an obsession with cuteness.
Thousands of "yuru-kyara" ("laid-back characters") have been created all over Japan by police, traffic safety officials, tax offices, libraries and even jails in a bid to press home various messages to a public particularly susceptible to oversized puppets.
The most successful go on to become national celebrities, playing their part in an industry worth tens of billions a year in merchandising alone.
Creations like Kumamon — the chubby black bear used to promote relatively little-known Kumamoto Prefecture — are instantly recognizable motifs that have become part of the Japan's cultural landscape, adorning everything from key chains to planes.
Others carve their own niches, like Asahikawa Prison's Katakkuri-chan, a nearly 2-meter-tall humanoid with a huge square face and an enormous purple flower for hair.
Or NHK's Domo-kun, a brown rectangle with permanently bared teeth that looks a little like an angry hash brown.
But the huge number of yuru-kyara — and their dazzling array of peculiar features — condemns most to the obscurity of peddling little-heeded public safety messages.
Now Osaka Prefecture has decided it is time for a cull, and is looking to trim its stable of 45 yuru-kyara to concentrate its efforts on a few more recognizable offerings.
"As I have said many times, we have too many characters," Osaka Gov. Ichiro Matsui told reporters last month.
Stung by the success of Funassyi, an unofficial pear-fairy mascot for the fruit-producing city of Funabashi, Chiba Prefecture, Matsui said many of Osaka's yuru-kyara barely register on the public radar.
"We are all being beaten by this character. We've got to do something," Matsui said.
Osaka's own offering, Moppy, which is inspired by a native bird, ranked a lowly 1,072 among more than 1,500 mascots that took part in a popularity vote last year.
Matsui has suggested the prefectural government cast aside some of the lesser-known mascots and focus their efforts on Moppy, perhaps by letting him procreate and even learn to talk.
"I think it is a good idea for Moppy to have a family — Moppy Jr. could help promote child rearing policies and Moppy's wife could assist with women's employment issues," he said.
An official said Thursday the prefectural government is currently studying which mascots can be retired.
"Some of them are still being used in projects, which we can't drop abruptly," she said. "But those which can be replaced by Moppy and its family could go."
The Japan Local Character Association, a group that supports regional economies through the use of mascots, urged patience, saying it takes time for yuru-kyara to become popular.
"Kumamon was not necessarily popular from the very beginning," said Noriko Nakano, who works at the association's headquarters in Shiga.
"Neither was Funassyi. There was time when people gave him the cold shoulder," she said, adding the association believes there are around 3,000 characters nationwide.
"It is important to use social networking and blogging, but mascot characters must also go out and communicate with people directly. Low-key activities are important to gain popularity," she said.


text:
CP# 96-1053 Loughney v. A.W. Meyers
RUTHIE LOUGHNEY, Petitioner
A. W. MEYERS, Respondent
Judge of Compensation
D. GAYLE LOFTIS, Esq.
For the Petitioner
by: SIDNEY BEREZIN, Esq.
For the Respondent
Ms. Loughney, a 41 year old former receptionist, claims she has been unable to work and continues to be in need of medical care as a consequence of a fall at work. On June 26, 1995, towards the end of the work day, she tripped on some scattered debris and fell 3 or 4 steps to the floor below. Her left side hit a large tool box and then a hard floor. She claimed injury to her left knee, left hip, low back, and her left shoulder. The employer and its insurer conceded the occurrence of the accident and provided some medical care. It has never paid temporary disability, contending none was due.
This trial concerns the nature and extent of the injuries, the need for treatment past and present, and identification of disability both temporary and permanent. There is also a question of causal connection of an April 25, 1998 fall and ankle fracture to the residuals of the compensable 1994 injury; i.e., did petitioner=s left knee buckle and cause her to fall or did she fall because of other reasons. If there is no need for further medical treatment, permanent partial disability if present can be determined. If there is a need for further medical care, then evaluation of some or all of her conditions must await that medical care. There are any number of possible resolutions of this trial dependent on my finding of facts, so it is time to turn to the legal standards for determination of this case.
The burden of proof here, as in all Workers Compensation contested cases, is on the petitioner who must produce the evidence and persuade the trier of fact by a preponderance of the credible evidence of the existence of each element of the claim. Perez v. Pantasote, Inc., 95 N.J. 105, 118 (1984). The same evidential standard applies to the factual and legal claims on which respondent has the burden of proof. Fiore v. Consolidated Freightways, 140 N.J. 452, 479 (1995).
For petitioner to prevail, [s]he must establish a link between ... [the] disease and occupational conditions. Petitioner has the burden to prove this causal relation by a preponderance of the evidence. All that is required is that the claimed conclusion from the offered facts must be a probable or a more probable hypothesis. . . The test is probability rather than a certainty. . . . However, the evidence must be such as to lead a reasonably cautious mind to the given conclusion. >The standard is one of reasonable probability; i.e., whether or not the evidence is of sufficient quality to generate a belief that the tendered hypothesis is in all likelihood the truth. It need not have the attribute of certainty, but it must be well founded in reason and logic, mere guess or conjecture is not a substitute for legal proof.= (citations omitted) Laffey v. City of Jersey City, 289 N.J. Super. 292, 303 (App. Div. 1996).
Where respondent urges an alternative factual proposition or legal conclusion which will exonerate it or mitigate its liability, it, and not the petitioner, bears the burden of proof and persuasion on that proposition. Cf. Fiore v. Consolidated Freightways, supra; Gulick v. H.M. Enoch, Inc., 280 N.J. Super. 96, 109 (App. Div. 1995). Here both parties rely on the testimony of treating physicians. Petitioner relied on Dr. Eyerman, her long term chiropractic physician, respondent relied on the testimony of Dr. Hutter, the orthopedic surgeon it selected to take over treatment from March 1996 to July 1996. Our courts have consistently held that a treating physician in a Workers' Compensation case is in a better position to express an opinion as to cause and effect than one making an examination in order to give expert medical testimony. Bober v. Independent Plating Corp., 28 N.J. 160, 167 (1958); DeVito v. Mullen's Roofing Co., 72 N.J. Super. 233, 236 (App. Div. 1962); Celeste v. Progressive Silk Finishing Co., 72 N.J. Super. 125, 143 (App. Div. 1962). Still the factual basis of the treating physician must be presented and explained. The treating physician=s conclusions must be shown to be justified by the facts of the case. If the opinion of the treating physician were accepted without question, then there would be no need for the common practice of obtaining a second opinion or consultation with specialists.
Manifestly, these opposing medical opinions cannot be considered apart from the factual framework of the entire case. Their probative force must be evaluated by a number of factors. In the process of evaluation, a criterion of recognized significance is the greater opportunity of a treating physician, as compared with a doctor who conducts a single examination in order to become an expert medical witness, to know, understand, and decide upon the producing cause of the patient=s condition. Fusco v. Cambridge Piece Dyeing Corp., 135 N.J.L. 160, 162, 167 (E. & A. 1947).
I have carefully scrutinized the evidence of the physicians, considered their respective interest in the outcome and the nature of their retention by the party who produced their evidence and looked to the objective non-party generated evidence, such as hospital records and imaging reports. I place more reliance on the medical history generated at time of crises such as the Jersey City Medical Center (Liberty Medical System) emergency and clinic records and the Christ Hospital record than the history contained in Dr. Eyerman or Dr. Hutter=s records.
The pertinent provision of the Workers' Compensation statute which speaks to the provision of medical treatment requires that an
employer shall furnish to the injured worker such medical, surgical, and other treatment, and hospital service as shall be necessary to cure and relieve the worker of the effects of the injury and to restore the functions of the injured member or organ where such restoration is possible... [The] Division of Workers' Compensation, after ... giving the employer an opportunity to be heard, shall determine ... [whether] such ... treatment is necessary. (emphasis added) N.J.S.A. 34: 15-15.
The employer=s statutory duty to provide adequate and proper medical treatment is absolute. Benson v. Coca Cola Co., 120 N.J. Super. 60, 66 (App. Div. 1972). Under the New Jersey Workers= Compensation law the respondent ordinarily has the power to control treatment and select the medical providers. Benson, supra. This is essentially a managed care system, except the patient is not left to dispute resolution by a system controlled by the insurer. The Division of Worker=s Compensation hears disputes to determine if the insurer or employer is wrong in its treatment decision or is acting arbitrary. N.J.S.A. 34:15-15. Here respondent recognized the compensability of the injury and provided medical treatment benefits from the date of the accident until July 1996. Compensation for temporary disability must be paid by the employer when an employee is unable to work and has no wages because of incapacity due to a compensable injury. The payments continue until such time as the employee is able to regularly resume work or has been as restored to the maximum physical function permitted by the permanent character of the injury. N.J.S.A. 34:15-38; Harbatuk v. S & S Furniture Systems Insulation, 211 N.J. Super. 614 at 623-628 (App. Div. 1986); Monaco v. Albert Mound Inc., 17 N.J. Super. 425 (App. Div. 1952).
Petitioner was the sole lay witness. The record includes the testimony and treatment records of Dr. Eyerman and Dr. Hutter; and the examinations and the opinions of Arthur Tiger, M.D., for petitioner and Arthur Canario, M.D. for respondent -- both forensic physicians who are board certified orthopedic surgeons. Other documentary evidence includes the Christ Hospital record for August 1991; State TDB records; physical therapy records and reports to Dr. Hutter; a March 29, 1996 report of an MRI of petitioner=s left knee; Jersey City Medical Center records of treatment in April and May 1998; and a May 8, 1998 report of an MRI of petitioner=s low back.
Both parties were represented by capable counsel who ably advocated for their respective clients. I have carefully reviewed the cogent written summations. I then reread the transcripts more than once. I am acutely aware of the importance of the case to the parties. Petitioner has not been employed since November 1995. She is seriously disabled. There is a state TDB lien of $6,033.53. Ms. Loughney has incurred a debt of at least $7,815 to Dr. Eyerman.
Petitioner was a charity patient at Jersey City Medical Center. As a consequence of that status, she has received no bills from the practitioners seeing her under the auspices of the hospital, its affiliates, clinics, and cooperating physicians and medical providers. Causal connection of the April 1996 injury has been denied by the respondent , so, if there is liability, respondent must pay those who provided the care at the reasonable value of the care. N.J.S.A. 34:15-15.1. It would be outrageous to utilize public and charity funds where it is the responsibility of the employer to pay.
If there is no liability for certain treatment -- particularly if certain parts of her treatment are not a consequence of this injury but are merely palliative with no valid purpose of alleviating compensable injuries -- it would be wrong to impose those costs on the employer or its insurance company. It must be kept in mind that workers= compensation is not intended to take the place of a general policy of medical insurance. The Workers= Compensation Law
is remedial social legislation designed to place the costs of accidental injuries which are work-connected upon employers who may readily provide for them as operating expenses. [Judges are directed to] liberally appl[y] [its provisions] . . . to protect employees in the event of work-related injuries . . . Secor v. Penn Service Garage, 19 N.J. 315, 319 (1955).
The Supreme Court has frequently reiterated that the Workers' Compensation Act is to be liberally construed in order that its beneficent purposes may be accomplished. Fiore v. Consolidated Freightways, 140 N.J. at 465. With these precepts in mind, I arrive at the following findings and conclusions.
Petitioner=s personal medical history is an integral part of sorting out the issues. She is 5 foot 6 inches tall and at all pertinent times obese. Her weight is reported at 256 to 260 pounds. Medical records describe her as having significant weight in the lower half of her body. Those personal factors coupled with her injury history certainly permit the inference and suspicion that she is a fragile individual given to the unfortunate propensity to fall with significant consequences. That does not excuse the respondent from liability for the consequences of the compensation injuries and does not make her an outlaw who can be injured with impunity from liability.
Ms. Loughney=s work experience includes a service as a public safety dispatcher for a Hudson county municipality and as a receptionist clerical person for respondent. Her date of birth is January 22, 1958. She is presently unmarried and the mother of an adult daughter. She has not worked since November 1995. She did receive 26 weeks of state temporary disability benefits from November 28, 1995 to May 26, 1996 for a sprain of her thoracic and lumbar spine with left sided lumbar radiculopathy. She was also treated in November and December for a very short time for bronchitis. She has an appeal of a social security disability claim pending. She now relies on family members for housing and support
Twenty years earlier, at age 18, Ms. Loughney, a resident of North Bergen, sustained a low back injury with disc involvement, probably disc bulges. Apparently the problem was quiescent until approximately 1988 through 1991. About that time, she presented symptoms suggestive of phlebitis in her right leg. She was hospitalized in 1991 at Christ Hospital, Jersey City because of swelling of her right leg. During this hospitalization she presented symptoms of low back pain. A CAT scan taken during this hospitalization was interpreted as degenerative disc disease with central disc herniations at the L4-5 & L5-S1 levels, further testing confirmed right sided radiculopathy. The phlebitis was determined to be superficial. Treatment for that condition ceased and petitioner received lumbar traction. She was eventually discharged for follow up treatment in the community. On September 12, 1991, Vera Nowakiwskyj, M.D., petitioner=s family physician, wrote a prescription for physical therapy 3 times a week for a diagnosis of Ll4-5 & L5-S1 HNP with radiculopathy. She came under the care of a chiropractic physician who is no longer in practice..
In 1992, Ms. Loughney became a patient of Edmund Eyerman, D.C. She remains his patient for spinal therapy down to the time of his testimony. Dr. Eyerman=s records show consistent treatment to petitioner=s thoracic and lumbar spine from the time he undertook her treatment down to the time of his testimony. Early on, his records report spasm throughout the lumbar spine with some cervical involvement. The intake history sheet shows complaints to all limbs more so to the right leg than to the other extremities. Before the happening of the compensable accident, Dr. Eyerman did report to major medical insurers that petitioner had bilateral radicular findings. On each visit he applied galvanic therapy (electric stimulation) followed by chiropractic adjustment of the spine. The frequency of his treatment varied from monthly, weekly, to 3 times a week. It appears that a good deal of his treatment was billed to petitioner=s major medical insurer Guardian Life Insurance Co.
On October 5, 1992 and June 25, 1992, Dr. Eyerman billed Guardian Life treatment on a diagnosis acute lumbar syndrome, bilateral lumbar radiculopathy. [emphasis added]. On March 26, 1993, Dr. Eyerman provided Ms. Loughney with a typed note that he had been treating her for Abilateral lumbar radiculopathy,@ possible Adiscopathy@ and that she had been unable to work, she could return to work on March 28, 1993. [emphasis added]. In an optimistic vein he reported to her major medical insurer that he did not expect the condition to be permanent. Treatment continued, his prognosis or prophesy was not to be a valid prediction of the future.
On August 2, 1993, Dr. Eyerman provided a report to petitioner=s employer that he was treating Ms. Loughney for Aacute lumbar syndrome, bilateral lumbar radiculopathy, severe migraine headaches@ and that she was unable to work from July 11, 1993 to August 3, 1993. [emphasis added]. During March 1995, Ms. Loughney slipped on a mat at home, falling and once again injuring her low back. She was absent from work for several weeks and was able to return to work on April 17, 1995. Earlier, she had injured her back or at least stirred up preexisting pathology when bending over to pick up a case of soda. The record is not clear, but it appears likely she remained on her employers payroll for these absence. Dr. Eyerman continued treatment for what he described in a note to the employer as a Asevere injury to her neck and low back.@ with Aacute lumbar syndrome, bilateral lumbar radiculopathy, acute cervical syndrome with migraine headache .@ [emphasis added]. All of this preceded the compensable injury of June 26, 1995.
During this lengthy treatment no x/rays were taken because Ms. Loughney declined them. Interestingly, despite the persistence of her complaints and obvious discomfort, there were no electromyography, nerve conduction studies nor any other imaging or testing for nerve damage or consultation during all those years until well after the June 26, 1995 compensable accident. She had major medical insurance, so I do not comprehend its absence. The first imaging, an MRI, or testing of her spine since the 1991 hospitalization occurs in 1998 after petitioner fractures her ankle. More will be said of this latter.
Dr. Eyerman=s progress notes reflect some improvement in Ms. Loughney=s symptoms in April and May 1995 and on May 19, 1995, he reports the patient has improved, was given instructions for home exercises, and was discharged. Yet there appears to be an overlap or inconsistency between the doctor=s records and billing records. His office may have billed Guardian for a re-examination and therapy on June 28, 1995, June 30, 1995 and a discharge date of July 5, 1995. He did bill General Accident (the workers= compensation insurer) for two of these dates. There is certainly some confusion between his patient progress notes and his billings to insurance companies on this subject for these 3 dates. I have no indication he collected from both insurance companies for the same dates of treatment.
I note that the May 19 discharge treatment was the last entry on the bottom of a page and the last 3 dates appear on the top of a new page. On a Guardian Life Insurance report form dated October 9, 1995, the doctor reported that he discharged the patient on July 5, 1995 from treatment for lumbar spasm with a good prognosis and no permanency. On a June 28, 1995 examination form in Dr. Eyerman=s record he reports A low back acute pain & stiffness - reinjury to previous sprain.@ I reviewed these records in detail and dwell upon them in this decision because the date sequence and state of the doctor=s records certainly raised a suspicion of the possibility of double billing. It may be that one or the other of the insurance companies may want to discuss this with the doctor=s office.
This chiropractic physician does not impress me as a person who is familiar with court process and testimony. I note his charges for services were reasonable, there was no overcharging or referral to a plethora of consultants and pain control methodologies. I do have some experience and expertise as a compensation judge which I feel does qualify me to ferret out a claim puffed up by overcharging, overbilling, and excessive use of consultants. None of that occurred here. This doctor is a practitioner who impressed me as a person who believes he is providing supportive chiropractic treatment which helps people. He is not sophisticated and maintains minimal records without up to date computerized systems. There is confusion in his records and billings. This does not enhance his credibility, but I will not hold this against this petitioner.
The petitioner is an unlettered person and does not appear to be a claim wise individual. I have no indication or belief that she has, or tried to, manipulate the system. She is not that sophisticated. She has told essentially the same story from beginning to end, even in those instances when her explanations obviously did not advance her litigation interests. Put another way, I found her to be an honest individual. Her testimony contained some anatomically unusual complaints but was basically believable. At least she seemed to explain the events and her problems as best as she could.
With her history of significant prior back impairment with chiropractic treatment for three years and frequent lost time from work, one can easily conclude that Ms. Loughney had a fragile back which was susceptible to aggravation by subsequent trauma, such as the June 26, 1995 accident. With her history of injury and treatment any trauma was likely to warrant medical attention and some absence from work. Her prior insurance claims were submitted to her medical insurer for payment. The record documents serious prior problems but contains no evidence she sought to profit from it. She did not hide her prior history. She returned to the doctor who had treated her for several years. She told every doctor and every physical therapist of her past and ongoing back problems. For these and other reasons, I do not buy respondent=s argument that she withheld information of a back injury from Dr. Hutter and Dr. Canario until some later date. I weighed all of the facts including her immediate report of the accident to the employer and complaints to the Dr. Eyerman. I concluded she did injure her low back on June 26, 1995.
A comparison of the 1991 hospital record, the only truly independent and objective definition of her prior back pathology to the 1998 MRI establishes that there was a significant objectively measured material deterioration of lumbar spine. Was this normal deterioration that would have happened without any further trauma? One can speculate to that end, but there is no believable credible proof of that. In all likelihood, the 1991 CAT scan was either a false positive for disc herniation or evidence of disc degeneration in its earliest stages at 2 levels. She now has degenerative disc disease. This is a dewatering process or dessication of the discs in her lumbar spine which can be set off or aggravated by trauma. Here it appears the process was manifested and worsened by a long series of traumas and is now present at 3 levels. The following facts demonstrate that the compensable accident did add to her back syndrome.
On June 26, 1995, Ms. Loughney, was at work on her employer=s premises. Towards the end of the day, she was walking towards the time clock. She tripped over some garbage which caused her to fall down three or four steps to a hard concrete or wood floor, on the way down her body struck a tool box. The dynamics of the fall caused injury to the left side of her body including her left shoulder, left hip, low back and left knee. She promptly reported her injury to her employer and told them of her returning to her chiropractic physician. The respondent produced no witness or evidence to contradict her. There was no showing that Mr. or Ms. Melnick, the owners of her employer, were unavailable. I conclude that the absence of such critical evidence means the employer would confirm her testimony. She continued working and lost no time for work.
The respondent authorized or ratified the authorization of treatment by petitioner=s long term chiropractic physician, Dr. Eyerman. After minor adjustments, not challenged here, it paid his bill for treatment through February 21, 1966. Dr. Eyerman observed and recorded Ms. Loughney=s complaints of persistent pain in her left knee. He also observed what he called left sided radiculopathy, which perhaps masked her complaints to her left knee. As a part of his whole body therapy, he did massage her left leg. Not exactly the best therapy available for knee injuries, but nonetheless, this is what was done. One can speculate that her problems might have been diagnosed with more precision if she had gone to an emergency room for a full orthopedic work-up and prompt imaging of her left knee. She continued working with significant back and knee complaints. She had a sedentary job with no lifting or bending so work effort was possible.
Petitioner experienced continual popping or grinding in her left knee. Crepitus, a grinding of bone on bone was latter detected by Dr. Hutter, his physical therapist and Dr. Tiger. The physical therapist selected by respondent detected pathology and significant symptoms in her left knee. Dr. Hutter disagreed, particularly after he received a negative MRI report. For better or worse, until she was sent to Dr. Hutter in March 1996, Ms. Loughney did not seek treatment from medical providers, she was satisfied with her chiropractor. The respondent did not send Ms. Loughney to an orthopedist until March 1996 when it revoked Dr. Eyerman=s authorization to treat and sent Ms. Loughney to Dr. Hutter.
On November 28, 1995, Ms. Loughney was sick, she told her employer she had bronchitis and was unable to work. On December 1, 1995, her employer notified her orally and in writing that because of excessive absences her employment was terminated. At this time she was being treated by her family physician, Dr. Nowakiwskyj, for the bronchitis and by Dr. Eyerman. She had back pain, but there was no change in her symptoms since the summer. True, Dr. Eyerman continued to treat, but, I find no positive curative consequence of his treatment. At some unknown point between June 28, 1995 and November 1995, I conclude his treatment was no longer giving any additional relief. It did not improve or cure her spinal problems. It was not a factor which alleviated her condition in the sense that she was able to work or go about her everyday affairs. Cf. Hanrahan vs. Township of Sparta, 284 N.J. Super. 327 (App. Div. 1995) cert. denied 143 N.J. 326 (1996). I am sure the chiropractic treatment gave her some sense of temporary relief, she was on a program which failed to provide relief much beyond the moment. I find no basis to find that it alleviated her condition. This is not what the Hanrahan court meant when it spoke of supportive treatment. There was no improvement in her physical status or symptoms. The benefit of this treatment had been spent by the winter of 1995-1996. The respondent chose to authorize it and pay for it, so there is no need to make an award for chiropractic treatment up to the end of February 1996. From the point Dr. Hutter got into the case, the chiropractic treatment was redundant and then unnecessary. The claim for Dr. Eyerman=s bill is denied.
I am aware of Dr. Eyerman=s opinion and certification to the state TDB program that Ms. Loughney could not work because of her back problem. That state agency accepted his short cryptic conclusion as they must in the administration of their program. I am sure he believed that when he heard Ms. Loughney=s complaints that she could not work. The TDB process does not provide for cross-examination or detailed exploration of the facts as occurred in this trial unless the employer raises the issue. Here such issues is are decided in the crucible of trial with close scrutiny of the pertinent treating records and close cross examination of all witnesses plus review of the 1998 MRI of her back.
I find the very significant prior pathology was worsened and pathology increased as a consequence of the June 1995 accident, but it had stabilized by November 1995. Dr. Eyerman=s opinion that Ms. Loughney=s back or left knee caused her to miss work is lacking in medical credibility. I weigh more heavily, the conclusions of Dr. Hutter on his initial examination together with the findings of Dr. Tiger, when he examined petitioner on April 9, 1998, 2 years later. So I find petitioner had a chronic low back sprain, evidenced by clinical findings enumerated by Dr. Tiger including muscle hardness in this obese woman. From November 1995 to April 1996, petitioner presented no acute symptoms of her lumbar spine which could be lessened with treatment. She had a chronic problem, which I find was pushed along a path of further deterioration by the June 26, 1995 accident. She had a permanent partial disability, but the low back syndrome did not prevent her from working. In the lexicon of workers= compensation she had a prior substantial loss of function made worse by this accident. At this point it is premature to measure the back disability, the condition may yet worsen because of gait changes caused by the April 29, 1998 fall or by the fall itself. If the parties request a measurement of the prior loss of function I will provide it. At this time I prefer to postpone that until the ultimate result can be measured.
For all of the foregoing reasons, I must deny the claim for temporary disability and medical treatment as it relates to her back injury for periods prior to April 29, 1998. There is no factual or medical basis to consider temporary disability for her shoulder or hip contusion. The injury to her left knee receives separate consideration below.
Ms. Loughney=s left knee was injured in this accident and unfortunately did not receive full diagnosis or treatment until much latter. There was no prior impairment or disease of her left knee. The trial record corroborates complaints to that part of her body following the accident. The knee injury was reported in her claim petition and was investigated, an MRI was ordered and physical therapy prescribed for it by Dr. Hutter. The March 29, 1996 MRI was negative for damage to her knee. There is no other trauma to her left lower extremity before or after the compensable June 1995 accident until the April 1998 fall and fracture of her left ankle.
Both Dr. Hutter and the physical therapist who attended to Ms. Loughney=s knee reported crepitus, a grinding noise in her left knee. She complained of instability. The therapist reported an antalgic gait, petitioner was favoring her left leg when she walked. I note the therapist=s description paints a far more serious picture than Dr. Hutter. At the commencement of Dr. Hutter=s treatment on March 19, 1995, there were significant clinical signs of a need to condition petitioner and work on her left knee. The treatment continued with therapy until discharged by Dr. Hutter on July 9, 1996. I infer that attendance at regular employment was inconsistent with the treatment plan. I find she was medically unsuitable for work while the respondent was furnishing this active rigorous physical therapy. If she was capable of employment during this period, the record does not so show it in a convincing manner. For the foregoing reasons temporary disability is awarded for the period of March 1, 1996, the date that respondent notified her to see Dr. Hutter until July 9, 1996 when she was discharged by Dr. Hutter from active treatment. This is a period of 18 5/7 weeks payable at $257.25, a total of $4,814.25.
It appears petitioner=s condition had been stabilized by July 9, 1996. Essentially she had been returned to at least the same or probably better than she had been during the 5 months she worked following the June 26, 1995 compensable injury. She did not return to work for her employer because she had been fired several months earlier. She did not seek out a new job. From the record before me, I find that she was capable of working in an office position of the type she had previously held with respondent or with the municipality of North Bergen. She was not under medical care for her knee, so temporary total disability would end.
Ms. Loughney had permanent disability of her left leg. Based on the testimony of Dr. Tiger who examined her on April 15, 1996, I am convinced her knee was unstable. She did have chondromalacia of her left knee. She did have crepitus, indicating degenerative changes in her left knee. The 1996 MRI of her left knee was negative for a meniscal or ligament tear, but did show some degenerative changes. All of this would indicate there is a medical basis for her continuing complaint of instability, buckling, and popping or grinding of her left knee. If she had not had the subsequent left ankle fracture, it would be appropriate to measure her permanent partial disability for that extremity.
Stepping back a bit, following discharge from treatment by Dr. Hutter, the parties proceeded to prepare this case for trial, there were physical examinations for purposes of estimating permanent disability, the claim for temporary disability was put off until all issues could be addressed in one hearing. Dr. Canario examined petitioner on December 13, 1996, he offered an opinion of no permanent disability. He made no positive findings. He reported petitioner had no medical impairment of any nature. His report of examination and conclusions are so inconsistent with the reported objective medical findings discussed in this decision, that his opinions and conclusions are accorded no probative value.
Dr. Hutter examined petitioner on March 10, 1998 and offered an opinion of no permanent partial disability. He stated there was no permanent partial disability to her back and that her left leg complaints were non-anatomical. Considering the number of positive pre-existing indications of back pathology and his own treating decisions and MRI report, I find his opinion a bit perplexing. Dr. Hutter was a treating physician, but, when he examines as a forensic physician as he did here, his observations and opinions on disability are entitled to no more weight than any other forensic physician.
Probably the most cogent and prophetic forensic examination was a consequence of the fortuitous timing of Dr. Tiger=s April 15, 1998 examination. Although not a treating physician in this case, this board certified, experienced, orthopedic surgeon, his detailed findings and recommendation for further treatment consideration was proven to be absolutely accurate by subsequent events. At that time he found evidence of chondromalacia of the patella and arthrofibrosis with residual synovitis (swelling) of the left knee. I found his testimony to be accurate. Dr. Tiger personally reviewed the 1996 MRI of petitioner=s left knee and offered the opinion that it should have been taken from a different angle with attention paid to the patella femoral joint. If it had been done, he believed it would have revealed significant pathology not shown by the original MRI. Considering the repeated instances of instability and noise described by petitioner, there was ongoing pathology, I agree that at least in April 1998, there was ongoing disease and deterioration of her left knee joint attributable to the consequences of the 1995 compensable injury. On a post hoc basis, I must agree with him that petitioner had not reached the maximum benefit of medical treatment and she was a candidate for further treatment.
Nine days latter, at 6AM, April 25, 1998, Ms. Loughney was going down steps at her home in North Bergen. Once more, her left knee gave way, she fell down the stairs fracturing her left ankle. She was taken by EMS ambulance to the Jersey City Medical Center Emergency Room and eventually admitted to the hospital for an open reduction. At this time it is not necessary to review the details of the surgery, suffice it to say she would set off metal detectors. The hospital treatment record confirms the history that her left knee collapsed causing the fall. I believe and accept this history as true. It was given under the stress of this new trauma to a physician who was contemplating surgery. Further, Dr. Tiger=s explanation of how the mechanics of this new derivative accident was caused by the shearing effect of the previously traumatized left knee rings true. His explanation of the mechanics relates to the pathology and human anatomy. I have given consideration to the findings of Dr. Hutter in his examinations in July 1996 and again in March 1998 and Dr. Canario in December 1996. There is no way of reconciling them with Dr. Tiger=s findings made on April 15, 1998. After carefully considering the findings of Dr. Tiger concerning petitioner=s left knee and the calamity which befell Ms. Loughney a few days later, I conclude Dr. Tiger was right on the mark.
It is probable, although not conclusive that Ms. Loughney injured her low back during this fall. I infer this because the treating physicians ordered an MRI of her low back. Her treatment has been protracted and not as aggressive as perhaps it would have been if the workers= compensation insurer, General Accident, had been overseeing the treatment. Petitioner has no medical insurance. She has sought and obtained charity care to the extent it is available.
Because the April 25, 1998 fall and ankle fracture was a direct and proximate result of the injury to petitioner=s left knee injury, all of the consequences of the April 1998 injury are compensable and the financial responsibility of respondent. Respondent is ordered to pay temporary total disability commencing April 25, 1998 to March 12, 1999, inclusive, 45 6/7 weeks at $257.25 per week, for a total of $11,808.21 and continuing thereafter until such time as petitioner is no longer temporarily totally disabled.
Respondent shall immediately assign a competent orthopedic surgeon or group to manage petitioner=s medical treatment for the consequences of the injury including attending to the consequences of her left ankle fracture, her knee injury and to evaluate whether there is a need for medical care or therapy to petitioner=s low back at this time. In the strongest terms, I recommend that respondent select a medical group at a Medical School treating facility so that a multi-disciplined therapy plan can be followed to aggressively reduce the impact of this woman=s serious compensable medical problems. The treatment plan can, if appropriate, include work hardening and psychological help necessary to get her back into the work force. If that is not pursued, in view of the serious, debilitating, probably permanent impairments, I predict the disability costs and eventual medical costs will be huge. I hope there is still time to reduce the impact of these injuries and get this young woman back into the work force. Respondent shall pay all necessary and incidental expenses including tests, medication, and therapy. Treatment shall include any complications secondary to these injuries including infections at the site of the hardware. The physician or group selected shall not be one who has testified in this case or one who regularly acts as a forensic physician for any party in the Division of Workers= Compensation. If this is not done within 30 days of this order, I will select such a physician or group on petition of either party.
Petitioner is ordered to cooperate with the treatment plan put together by this new treating physician. Respondent shall, subject to audit for reasonableness, pay the Jersey City Medical Center, its affiliates, clinics, and affiliated physicians the reasonable value of the treatment furnished to petitioner as a consequence of the April 25, 1998 fall including subsequent infections at the site of hardware. If there is a dispute on the reasonableness of any such charges, I will retain jurisdiction to determine same. The compensation insurer is in the business of determining reasonableness of medical expenses and subscribes to data banks which provide such information for all types of medical care. I assume they will competently discharge their obligation with dispatch.
The issue remains whether respondent insurer is liable for a 25% penalty for denial of temporary total disability for more than 30 days. N.J.S.A. 34:15-28.1. See Amorosa v. Jersey City Welding & Mach. Works, 214 N.J. Super. 130 (App. Div. 1986). I have carefully examined the record of this case and find the failure to pay temporary disability to this point was due to the insurer=s reliance on the opinions of Dr. Hutter and Dr. Canario. Both are competent, reputable, board certified orthopedic surgeons. Though I found contrary to their opinions and findings, still, I find their opinion letters to the insurer were based on disclosed facts. General Accident=s reliance on their opinion was in an objective sense in good faith. It was not unreasonable or negligent. Once General Accident received information that a claim of disability was being made, it referred petitioner to Dr. Hutter with authorization to treat. Ms. Loughney had worked steadily for 5 months while being treated by a chiropractor of her own choosing. It was only after she told her boss she was ill and not working due to bronchitis, that she was fired. I cannot fault the insurer=s failure to pay temporary disability; it acted in good faith. For all of the foregoing reasons I conclude respondent has successfully rebutted the statutory presumption of unreasonableness and negligence. Respondent is warned that a new statutory 30 day period begins to accrue once a judgment is entered implementing this decision.
In summary petitioner is awarded temporary total disability of 64 4/7 weeks at $257.25, a total of $ 16,622.46 and continuing thereafter until petitioner is no longer temporarily totally disabled. Temporary total disability may be terminated and the terms of this order modified on the earlier of (1) the treating physician reports to respondent insurer in writing stating petitioner is no longer temporarily disabled or can return to full time work; (2) petitioner returns to full time work; and (3) further order of a judge of compensation , which may be sought for good cause on 2 days written notice to petitioner. Respondent shall furnish to petitioner=s attorney copies of all reports received from the treating physician or other practitioners. Petitioner may move to modify this order to obtain relief for good cause shown on 2 days written notice to respondent.
The following allowances are made:
Dr. Eyerman is allowed $750 for his appearance and testimony on two occasions, payable by the respondent.
Dr. Tiger is allowed $450 for his examination and testimony, payable by respondent.
Petitioner=s attorney shall be reimbursed by petitioner for transcript costs and expenses of subpoenas and medical records.
Petitioner=s attorney is allowed a counsel fee of $3,320, payable by respondent. This fee shall be increased at a later point in this case to 20% of the then known total value of temporary total disability and medical treatment expenses obtained and paid as a consequences of this motion. Petitioner=s counsel earned this fee the old fashioned way: by diligently serving the interests of her client with all of her skill knowledge. Her performance in the court room evidenced many hours of preparation. Ms. Loughney received this award only because of her counsel=s persistence in marshalling the facts and advocacy.
Respondent shall pay a stenographic fee of $750 to North Jersey Reporting.
Lawrence G. Moncher
Judge of Compensation
Dated: March 12, 1999


text:
Mental illness takes a heavy toll on people's lives. But it also imposes a high cost on the Canadian economy, according to a report by the Conference Board of Canada.
"When workers have poor mental health, they have a lessened capacity to perform to their utmost," said Diana MacKay, who prepared the report. "Sometimes workers with mental illnesses drop out of the work force completely."
The report estimates that the loss of potential labour costs the Canadian economy $20-billion a year.
Ms. MacKay noted that many people who suffer from mental illness have job skills that are in great demand. It's more cost-effective to keep them working, rather than recruit and train new employees, she added.
So, for employers, "there is a huge motivation" to make workplaces more accommodating for people with mental illnesses, such as depression, bipolar disorder, social phobia, panic disorder and acrophobia. "Even getting just some of that lost supply back in the supply chain of workers would be a big plus for the economy," she said.Report Typo/Error
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- Score:
- rated 4.31 / 5 stars
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- Genre:
- Adventure - Point 'n Click
- fall
- post
- fog
- pastelgames
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- Jul 18, 2012 | 9:56 AM EDT
- Daily 3rd Place July 19, 2012
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Author Comments
Rated 5 / 5 stars
I love this saga.I'm really anxious for what will happen the next chapter.
The boy next to the "bad guy" in the house...is not the one who helps you copy the strange drawings in the previous chapter? Is he bad?
And what are those pink things? Are they infected or something?
THE INTRIGUE IS KILLING ME.That's why I love PastelGames.Keep them coming!
Rated 4.5 / 5 stars
I will not tell the code for the door with Hospital logo. Only I can say that this is very simple. Just go where is the vertical crack in the wall. By the way, find all peaces to the chess board, and if you want enter to the door witch is guarded, just gave the man cigarettes. All from me.
Rated 4 / 5 stars
The layout of the screens could have been less obtuse, but a good game overall, and devishly clever at times too. It was also refreshing to have a completely different area that wasn't partially repeating some of the screens from a previous game.
I must ask though, WHAT HAPPENED TO HIS CAR? I mean, the truck was working at the end of Fog Fall 3, yet this one starts with him walking into Coppertown, and then leaving it on a motorcycle...
Rated 5 / 5 stars
Favourite flash game series ever made OH MY GOD THE LOVE
Rated 5 / 5 stars
Best Game ever


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SailNet Community (http://www.sailnet.com/forums/)
- General Discussion (sailing related) (http://www.sailnet.com/forums/general-discussion-sailing-related/)
- - Corsair 24 Mk II as a first boat? (http://www.sailnet.com/forums/general-discussion-sailing-related/90023-corsair-24-mk-ii-first-boat.html)
Corsair 24 Mk II as a first boat?
I am pretty new to sailing and was recently offered a mid 90s Corsair 24 Mk II. Is this boat fairly easy to sail, or would it be a handful for someone with limited sailing experience?
Re: Corsair 24 Mk II as a first boat?
they are tanks dispacing a whopping 6000 lbs and it has a 50/50 ballast ratio,so thats 3000 lbs of lead and scrap metal(yup) resined into the full length keel.it reminds me of a lighter dispacement allegra.i wouldnt hesitate to sail wayyyy out into the wild blue yonder with a boat of her leangth and displacement.you cant go wrong with it on paper,but lets see what some people who have actually owned one have to say.
Re: Corsair 24 Mk II as a first boat?
Just to clarify I was talking about a Corsair 24 Mk II trimaran. http://www.multihull-maven.com/Boats/Corsair_24_Mk_II
Re: Corsair 24 Mk II as a first boat?
ahh i see the mid 90's part now, yeah those are slightly lighter displacement and maybe a little faster,lol. completley differant animal i know nothing about!
Re: Corsair 24 Mk II as a first boat?
A Corsair 24 can be easily single-handed if you acquire some experience. Perhaps taking an experienced multi sailor along for a few sails to start with?
Just remember, things can happen VERY quickly on a fast tri.
Re: Corsair 24 Mk II as a first boat?
I had MkI for some time.
Very lightweight boat. In my experience, it is great for sailing in calm seas with decent wind. The problem I encountered was that whenever wind was good - seas were quite un-calm, and when seas were calm - there was not enough wind.
Also, depending on your sailing style, there does not seem to be such thing as "relaxed sailing" in a trimaran. You must always remain alert and ready to let out the mainsheet least this thing pitch-pole or some such. Can't just "set it and forget it".
Certain maintenance items (in particular folding system) are a bit outside the usual scope of maintenance of a basic keelboat. If you are careful owner that likes things to work properly - it's a hassle. If you subscribe to "if it ain't broke don't fix it" - no issues.
For me it was a fun sailboat for a while, but I didn't like it long term and would not buy another similar tri again.
Re: Corsair 24 Mk II as a first boat?
ok it seems you guys are mono hull sailors! Brak you are so wrong these boat do not heel no more then 15% ! they are fun fast if you dont mind the camping style of the inside it is a perfect go anywhere boat! I am a multihull sailor right now I own a CAT i do and will own a Corsair one day! this boat is very safe it will handle 30mph or more winds but everyone has a limit on them self when the wind picks up u reef its all easy! these boats will do circles around Monos! in a 7 knot breeze these boats will do 10knots or more depends on the skipper!
Re: Corsair 24 Mk II as a first boat?
I almost bought one 15 years ago as my first post beachcat boat. Wish I had. You can handle it as your first boat, but you'll need to respect it and respect the weather until you learn what you are doing. NOt much more to say than that. Find a good mentor. Have fun.
Re: Corsair 24 Mk II as a first boat?
I wish I had the option of owning that boat...
There is one in a marina near me, they are surprisingly small up close, almost look like oversized beach cruisers. I imagine the cuddy cabin is very tight, but then again you don't buy a 24' corsair for extended cruising, you buy it to go FAAAAAAAST!!!
Re: Corsair 24 Mk II as a first boat?
Since, as you admit, you don't own F-24 and I did own one and sailed it for quite a while, I think I've got a bit more factual data to support my opinion than you do, won't you say?
Also, who said anything about "heeling"? Are you arguing with yourself, or something?
P.S. It's a perfect "go anywhere boat", all right - as long as "anywhere" isn't upwind (because it has a tack to tack angle of 175 degrees on a good day :) )
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Setup takes seconds, and operation is easy but takes a little getting used to. When selecting different sound modes for example, the buttons on the front light up in different formations to indicate which mode is selected. And when you adjust the volume, they light up in a row to represent the current level. At first we needed to consult the manual to work out what was going on.
But the remote is superb. It's small but not too small, and the entire surface is covered in a high-quality rubber finish. There are only eight buttons, all of which lie flush to the surface and sport clear glow-in-the-dark icons. You can easily switch inputs using the dedicated TV and Bluetooth keys, and there's a single button to toggle through sound modes.
If you'd rather stick with your existing TV remote, no problem – the DHT-T100 has a learning function. Hold down the learning button on the front panel, press the relevant key on the Denon followed by the corresponding button on your TV remote.
If you've only ever listened to movies through your TV, hearing the Denon DHT-T100 for the first time will make you feel like Dorothy stepping into Munchkinland. This is TV sound in Technicolor, with full, satisfying bass, vivid detail and enough volume to fill your front room and maybe even your neighbours' too.
Turning to our Pacific Rim Blu-ray disc (fed into the optical input from our TV) the DHT-T100 handles the colossal action with all the assuredness and clarity we've come to expect from Denon. There's a palpable sense of weight and size as the Jaegers and Kaiju stomp through cities knocking six bells out of each other, thanks largely to the speaker's big, beefy bass output. Low frequencies are tight and punchy, lending depth without outstaying their welcome.
This ballsy bass fuses seamlessly with the midrange, which is forthright yet easy on the ear, even at high volumes. Snarling beasts, colliding metal and demolished buildings fly from the drivers with controlled aggression and attack.
But where the DHT-T100 really excels is in high-frequency reproduction, offering more detailed and open sound than rival plinths like the Cambridge Audio Minx TV and the Orbitsound SB60. So when Newton visits Hannibal Chau in Hong Kong's Bone Slums, the Denon allows you to hear more of the delicate background noise on the busy streets.
The effect of the sound modes is subtle. Dialog mode comes in useful when watching TV shows, lending extra focus to midrange frequencies and lifting voices above background ambience, while the Movie Wide mode gently expands the front soundfield, but not dramatically so. And at no stage did we feel even the slightest surround presence, but we weren't really expecting to.
The Denon's smooth, refined character and bass agility lends itself beautifully to music playback. After streaming a series of 320kbps MP3s across a range of genres – jazz, house, rock, soul – the speaker base skilfully coaxes out details and adds irresistible depth to the music, making this a decent hi-fi as well as a TV speaker.
The Denon DHT-T100 is more expensive than the Maxell MXSP-SB3000 and Cambridge Audio Minx TV, with a feature list that's less generous than the former and practically identical to the latter.
But the Denon's more assured performance, with sharper detail presentation and greater composure, make it worth the extra cash, plus its design has an indefinable sense of quality that makes all the difference when making a buying decision.
So if you're looking for the best-sounding TV speaker base, then the Denon might just be the one – even if it isn't necessarily the best value on paper.
Not the best value on paper, but Denon's superbly-built speaker base trumps rivals with its assured performance.
Next, read our roundup of the best soundbars
Question for the money are you safer with the Denon DHT-100 or a similar priced sound bar?
was wondering the same thing myself
Can it stream bluetooth audio to headphones for night time listening?
Can you set this up like a bluray player? I'd rather the Denon sit in my tv stand rather than on top with the tv on top of it. How would this effect the sound quality?
Just bought one its amazing!!!!!
If my TV's on an eye'level hight hifi cabinet, would this be a bad idea? as in, would it raise the tv too high for comfortable viewing? Also, is it similar in quality to similarly priced soundbars?
"No HDMI" listed as a "con"? Why on earth would you need HDMI for something that is audio-only? Optical handles HD sound, so that "con" is redundant.
How does this compare to other similar TV speakers such as the Onkyo LST10? This seems to be a new sub-category of TV sound system so it would be great to have some reviews of the rivals please
Bought the Denon at Christmas as a present for me!! Its fantastic brings all programmes and films to life, Great value!!!
Superb system!
The Denon DHT-100 has brought a much better sound dimension to my TV sound.
It is so simple even I managed to set it up and have it working after a night flight from Texas to the UK.
The bluetooth is brilliant for playing from my phone.
There is a distinct lack of wires - so top lady-marks from my missus.
Top marks from me.
Bought last week. It's ok but..
Setup1: Samsung A816 (rather old lcd model, firmware the latest) -optical-> DHT-T100 -> annoying lip-sync.
Setup2: Samsung blu ray bd-p1500 (old 1st gen player, firmware the latest) -HDMI->A816-optical->DHT-T100 -> terrible lip-sync
i just installed one and its great! 1 problem tho, the listening mode option has stopped working in TV mode, the front panel does not light up or change modes. works fine with Bluetooth selected. not sure how to rectify this, any answers?
I have the same problem. Have you got to rectify this?
Finally, I reset the soundbar to the factory settings and now it works fine again.
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Tuesday, October 27, 2009
Ed Morris sent along first draft of a chapbook featuring four of our collaborations. Going to go over it. Looks like a lot of fun.
Monday, October 26, 2009
It goes on and one and on...
On the genre front, got an invite to submit to an annual anthology. The editor liked something he read in "The Silver Dollar Saucer" and got in touch with me. It deadlines next March. I'll see what I can write up.
Sunday, October 25, 2009
Since they were showing "Alien" on Oct. 22, I volunteered again to make some petinent comments. The attendance was much lower than expected, but we've been having this Texas monsoon weather and a lot of students probably didn't want to go out.
The series ends with a showing next Thursday of "Bubba Ho-tep" and Joe Lansdale is coming to town. This outta be good. The college is taking us both out for lunch Thursday, and I plan to write up a story for ther entertainmemt page of next Sunday's paper.
Wednesday, October 21, 2009
Pirates (cont.)
Tuesday, October 20, 2009
Pirates sail on
Monday, October 19, 2009
Back to the Pirates
Sunday, October 18, 2009
Around and about
Good thing is the garage dried up on its own. After it was flooded Tuesday, I assumed I'd have to remove water from the floor, but it dried up on its own. The last time the garage flooded that wasn't the case, but I guess this time the humidity dropped and it evaporated. We'll wait and see if the dryboard mildews, but since it has been cleaned at least twice earlier, there must be some residual bleach on the walls.
Hope to get caught up on submissions and get back to writing, but I have to spend some time cleaning around the house, especially all the mud that got tracked in this week.
Friday, October 16, 2009
Thanks, but no thanks
Got the contract in the mail today from David Riley for the publication of "A Djinn for General Houston" in Issue No. 5 of Science Fiction Trails next spring. Already signed a copy and stuck it in the mailbox. Glad to be back for a second year. "Professor Malakoff" got great reviews.
Thursday, October 15, 2009
Oh, and by the way
I cleaned out my personal effects. An old boy at the garage said he'd give me $100 for the car, but we couldn't get the title transferred because it was a legal holiday. I left him the title anyway, and told him to mail me the money. There was no way I am going to make that trip again.
I pretty much figure I'll never see the money, but I need to move on.
It was a good little car. I was proud that - after sitting there for four months - I turned the key and it started right up.
Not had a chance to get back to "Pirates" - to much cleanup at home in the wake of the monsoons.
Wednesday, October 14, 2009
Afraid this would happen
Although the change hasn't affected other parts of Texas, here in East Texas it's kicked in. We've had four days this year of between four and eight inches of rain in six hours. We had almost six inches Tuesday. The garage flooded out for the fourth time this year (it has never done that before). Our house is on a hill, but the thunderstorms are so heavy the water simply can't run off fast enough.
The community infrastructure is beginning to crumble. There were 60 road closures yesterday in the county. A number of bridges and culverts have washed out. It's becoming hard to keep phone and cable lines in service. Texas doesn't design things for a monsoon climate.
Sunday, October 11, 2009
Chicken Soup for the Cold
Saturday, October 10, 2009
Getting started
Monday, October 05, 2009
Another acceptance
I sent him another story for Issue No. 5, "A Djinn for General Houston". He says he likes that one, too, and it will be in Issue No, 5 next spring.
Sunday, October 04, 2009
Ir rained all last night, and the place is soaked again. So much for the Sunbelt.
Thursday, October 01, 2009
By more reliable accounts, tomorrow is the 50th anniversary of the debut of "The Twilight Zone". Now there's an anthology with a sense of wonder.
Purchase on-line
Latest reviews
"It's possible that you haven't run into the stories of Lou Antonelli. Since 2003, he's been publishing delightful short tales of alternate history all over the nooks and crannies of the SF world. Thanks to Fantastic Books, we now have 28 of these little gems in one place. "Many of Antonelli's stories have an unexpected twist ending. And many of them are what he calls "secret history" stories, which aren't exactly alternate history—they're set in our familiar history, but there's always some element that contemporary observers missed. " -
- Don Sakers, The Reference Library, Analog July-Aug. 2014
A better path develops for a distraught man in "Double Exposure" by Lou Antonelli (debut 6/11 and reviewed by Frank D). Jake is about to end it all. He has been trying to keep his high maintenance wife happy for decades and has needed to embezzle to satisfy her spending habits. Now, on the verge of indictment and abandoned by his spouse, he buys a gun. Before he pulls the trigger, he spies a Kodak one-day photo hut. Curious, he pulls up to the window. They are holding pictures of him and his last girlfriend from 30 years before. The package is a lot thicker than it should be. Double Exposure" is listed as an Alternative History story but I would classify it as a Magical Realism tale. It is set as a second chance tale, a look into a life that should have been. The author is inspired by his memories of the old photo huts (I remember them) and of their disappearance. A cool idea (photos of another life), one that I could imagine would make for a great anthology.
- Frank Dutkiewicz, Diabolical Plots
"Great White Ship": A traveler stuck waiting for a flight strikes up a conversation with an old airline employee. The Old Timer tells him a story of a Great White Airship that arrives from a most unusual destination. The story of a craft from an alternate reality and how it got there is only the precursor to the final act. This is one of my favorite stories from this site. I have a great passion for lighter-than-air craft and their potential as a future means of transport, which opens the story. The author uses this speculation to launch into an engaging tale. As fascinating as the main story line is, the alternate history premise that accompanies it is just as worthwhile. This story was well written and very well thought out. It is well worth the read. Recommended.
- James Hanzelka, Diabolical Plots
Lou Antonelli fiction archived online
- "Ad Valorem" - Omni Reboot
- "Bindlestiff's Daughter" - The Lorelei Signal
- "The Return of Alfred Bester" - International Speculative Fiction
- "Double Exposure" - Daily Science Fiction
- "Great White Ship" - Daily Science Fiction
- "The Centurion and the Rainman" - Buzzy Mag
- "The Goddess of Bleecker Street" - Kalkion
- "Irredenta" - World SF Blog
- "Ghost Writer" - Flashes in the Dark
- "Avatar" - Darker Matter
- "Black Hats and Blackberrys" Bewildering Stories
- "Pen Pal" - Revolution SF
- "I Got You" - Bewildering Stories
- "Big Girl" - Ultraverse
- "S.P.P.A.M." - Bewildering Stories
- "Silence is Golden" - Revolution SF
- "Fermi's Fraternity" - Planetary Stories
- "The Rocket-Powered Cat" - Revolution SF
- "Video Killed the Radio Star" - Apehelion
- "Silvern" - Revolution SF
Recent Reviews
- "The Clock Struck None" - True Review
- "The Clock Struck None" - Analog
- "Texas & Other Planets" - Missions Unknown
- "Texas & Other Planets" - Jayme Blaschke's Gibberish
- "Texas & Other Planets" - Amazon
- "Dispatches from The Troubles" - SF Revu
- "Dispatches from The Troubles" - SF Site
- "Fantastic Texas" - Serial Distractions
- "Fantastic Texas" - Tangent Online
- "Professor Malakoff's Amazing Ethereal Telegraph" - Tangent online
- "The Witch of Waxahachie' - April 2008 - SF Signal
- "The Witch of Waxahachie" - April 2008 - Spiral Galaxy
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Due to their shy nature, the kitties in this room don't get as much attention from visitors as the more outgoing cats. Normally, cats this shy, though not at all wild or aggressive, we'd consider placing as barn kitties. The coloring on this group, however, is the wilderness equivalent of a big neon "EAT ME" sign, so an outdoor-only life for them would likely be woefully short, and would not give them the opportunity to blossom and become, maybe not NORMAL, but at least HAPPY cats that have a life worth living. While all these cats were used to going in and out of their former home (through a window that was left open), if you want your new friend(s) to stick around, you will want to keep them strictly inside for at least a couple of months, until they are totally comfortable with you and their new home environment.
These cats are perfect examples of what rescuing a pet really means; if you can open your home and heart to a pair or threesome, we'd love to see Beaux go with one of the more brave girls (Brooklyn or Brier), and possibly a second super-shy kitty (Bellevue or Benton). Beaux and the other super shy kitties will mostly keep to themselves for quite a while... they all have great litterbox habits and are quiet and easy care kitties. We don't recommend them for homes with toddlers or particularly noisy, boisterous children, but older children that can understand and empathize with a shy kitty should do just fine with them.
Video when he is a little braver...
All pets arrive spayed/neutered, dewormed, microchipped and vaccinated. Adoption fee for Beaux is suggested minimum $20 (more gratefully accepted). All pets are placed with a 30-day money-back trial period, to give pet and family enough time to discover any unknown allergies or other conflicts. Can't come to Republic? Don't let that stop you! We have monthly transports to both the Seattle area and Spokane, delivering adopted pets to their new owners. If you can add a little to your donation to help us cover our volunteer driver's expenses, that would be great!
We do transports of adopted pets to the Seattle and Spokane areas at least once each month, and can sometimes schedule transports to other locations in WA, ID, OR, MT as needed.
The first step toward adoption is to fill out the application, which we can email to you or you can find on our website:
Filling out the application in no way commits you to adopting - it simply enables us to get you preapproved, in case you decide you want to adopt. If you are then approved and offered a pet placement, you may always refuse the placement. If you accept a placement, we always give you three days (for puppies and kittens) or thirty days (for adult dogs and cats) to live with each other; if during that time you decide that your new pet simply won't work out, for any reason, we will accept the pet back with a full refund of your adoption donation. You could either return the pet directly to us, or have it picked up on our next transport! I must say, we are very proud of our successful placement record - we really work hard to make sure you and your pet will be a great match.
If you are out of our immediate area, we ask that you email some photos of your home, yard (including fence if you have one), any "animal-specific" areas (such as a dog run, cat tree, or sleeping area) and any other pets you currently own. Sometimes photos enable us to skip the pre-adoption home visit, which can speed things up considerably for out of area adoptions! For the vet reference, either a vet who is seeing your current pets, or a vet who saw a former pet, is acceptable. If this is your first pet ever, congratulations on joining the pet world! :-D We will consider your application without a vet reference, but we would like to know what vet you think you will use for your pet. Without a vet reference, please be sure to provide at least two strong personal references who would know how you are with animals.
If we have an upcoming transport scheduled to your area, we will make every effort to process and approve your application in time for the transport.
Thank You!
Your message has been sent to Forget Me Not Animal Shelter.
You'll receive a copy, too, at to help you keep track of which pets you've inquired about, and which shelters and rescues you've emailed.
NOTE: Some shelters have physical locations you can visit; some of these shelters may only have pets for a limited time, so please do not wait for a reply—just go visit the shelter! Other organizations are rescue groups run by busy volunteers who may take a while to reply. You can find information about the shelter or rescue group caring for this pet, and their adoption procedures, on the pet's details page on Adopt-a-Pet.com.


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Green light to Finnish participation in Icelandic airspace surveillance patrols
Foreign Minister Erkki Tuomioja has given his support to Finnish participation in NATO-led patrols of Icelandic airspace.
NATO has decided to allow Finnish participation along with Sweden if both countries man unarmed aircraft. Speaking at a Social Democratic Party gathering in Vantaa on Sunday, Tuomioja said the Icelandic operation was a natural continuation for Nordic defence co-operation.
"Similar exercises have been carried out in the far north between the air forces of Norway, Sweden and Finland," Tuomioja told Yle.
He added the issue was no longer a problem as 90 percent of Finns support Nordic defence co-operation.
Last November, Finnish President Sauli Niinistö said that Finland's participation in Nato-led air surveillance exercises in Iceland did not necessarily signal any change in the country's security policy.


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Sweet Semolina and Dried-Apricot Pilaf
This lovely dessert or late-breakfast dish is made by toasting coarse semolina and almonds in butter, then simmering them with sweetened milk and dried apricots. The result is crumbly, aromatic and pilaf-like. It's called helva in Turkey, though it's not to be confused with another Turkish dessert called halvah, which is made with tahini and is fairly common in the U.S.
Slideshow: More Middle Eastern Recipes
- Active:
- Total Time:
- Servings: 6
- 2 cups whole milk
- 3/4 cup sugar
- 1 stick unsalted butter
- 1 cup coarse semolina (6 ounces); see Note
- 1/2 cup slivered almonds
- 1/2 cup dried apricots, finely diced
- 1/4 teaspoon pure almond extract
- Pinch of salt
- Crème fraîche or orange sorbet, for serving
How to make this recipe
In a small saucepan, bring the whole milk to a boil with the sugar. Simmer over low heat for 5 minutes.
In a large saucepan, melt the butter. Add the semolina and almonds and cook over moderate heat, stirring constantly, until golden and fragrant, about 8 minutes. Remove from the heat and gradually stir in the milk mixture, apricots, almond extract and salt. Cover and let stand until the liquid is completely absorbed, about 20 minutes. Fluff with a fork and serve with crème fraîche or sorbet.
Coarse-ground semolina is available at Middle Eastern groceries and from Kalustyan's (800-352-3451 or kalustyans.com).