An Evaluation of the New York State Workers’ Compensation Pilot Program for Alternative Dispute Resolution

In 1995, the State 0f New York enacted legislation authorizing the establishment of a workers\u27 compensation alternative dispute resolution pilot program for the unionized sector of the construction industry. Collective bargaining agreements could establish an alternative dispute resolution process for resolving claims (including but not limited to mediation and arbitration), use of an agreed managed care organization or list of authorized providers for medical treatment that constitutes the exclusive source of all medical and related treatment, supplemental benefits, return-to-work programs, and vocational rehabilitation programs. The legislation also directed the School ofIndustrial and Labor Relations at Cornell University (ILR) to evaluate compliance with state and federal due process requirements provided in the collective bargaining agreements authorized by this act, and the use, costs and merits of the alternative dispute resolution system established pursuant to this act. In response to this legislative mandate, ILR reviewed the research previously conducted on alternative dispute resolution (ADR), generally, and in workers\u27 compensation. This included examining the purported advantages and disadvantages of ADR, the prevalence of ADR, and published statistical or anecdotal evidence regarding the impact of ADR. ILR created a research design for claimant-level and project-level analyses, and developed data collection instruments for these analyses that included an injured worker survey for ADR claimants and claimants in the traditional (statutory)workers\u27 compensation system, an Ombudsman\u27s log, a manual of data elements pertaining to ADR and comparison group claimants, and interview questions for ADR signatories and other officials. The findings in this report draw upon a comparison of claimant-level, descriptive statistics (averages) for injured workers in the ADR and traditional (statutory) workers\u27 compensation system; the results of more sophisticated, statistical analyses of claimant-level data; and project-level information (including, but not limited to, interviews with ADR signatories and dispute resolution officials)

Thermal mechanical analysis of sprag clutches

Work done at Case Western Reserve University on the Thermal Mechanical analysis of sprag helicopter clutches is reported. The report is presented in two parts. The first part is a description of a test rig for the measurement of the heat generated by high speed sprag clutch assemblies during cyclic torsional loading. The second part describes a finite element modeling procedure for sliding contact. The test rig provides a cyclic torsional load of 756 inch-pounds at 5000 rpm using a four-square arrangement. The sprag clutch test unit was placed between the high speed pinions of the circulating power loop. The test unit was designed to have replaceable inner ad outer races, which contain the instrumentation to monitor the sprag clutch. The torque loading device was chosen to be a water cooled magnetic clutch, which is controlled either manually or through a computer. In the second part, a Generalized Eulerian-Lagrangian formulation for non-linear dynamic problems is developed for solid materials. This formulation is derived from the basic laws and axioms of continuum mechanics. The novel aspect of this method is that we are able to investigate the physics in the spatial region of interest as material flows through it without having to follow material points. A finite element approximation to the governing equations is developed. Iterative Methods for the solution of the discrete finite element equations are explored. A FORTRAN program to implement this formulation is developed and a number of solutions to problems of sliding contact are presented

Revision of Earth-sized Kepler Planet Candidate Properties with High Resolution Imaging by Hubble Space Telescope

We present the results of our Hubble Space Telescope program and describe how our analysis methods were used to re-evaluate the habitability of some of the most interesting Kepler planet candidates. Our program observed 22 Kepler Object of Interest (KOI) host stars, several of which were found to be multiple star systems unresolved by Kepler. We use our high-resolution imaging to spatially resolve the stellar multiplicity of Kepler-296, KOI-2626, and KOI-3049, and develop a conversion to the Kepler photometry (Kp) from the F555W and F775W filters on WFC3/UVIS. The binary system Kepler-296 (5 planets) has a projected separation of 0.217" (80AU); KOI-2626 (1 planet candidate) is a triple star system with a projected separation of 0.201" (70AU) between the primary and secondary components and 0.161" (55AU) between the primary and tertiary; and the binary system KOI-3049 (1 planet candidate) has a projected separation of 0.464" (225AU). We use our measured photometry to fit the separated stellar components to the latest Victoria-Regina Stellar Models with synthetic photometry to conclude that the systems are coeval. The components of the three systems range from mid-K dwarf to mid-M dwarf spectral types. We solved for the planetary properties of each system analytically and via an MCMC algorithm using our independent stellar parameters. The planets range from ~1.6R_Earth to ~4.2R_Earth, mostly Super Earths and mini-Neptunes. As a result of the stellar multiplicity, some planets previously in the Habitable Zone are, in fact, not, and other planets may be habitable depending on their assumed stellar host.Comment: 16 pages, 10 figures, ApJ, 804, 9

The Angular Resolution of Space-Based Gravitational Wave Detectors

Proposed space-based gravitational wave antennas involve satellites arrayed either in an equilateral triangle around the earth in the ecliptic plane (the ecliptic-plane option) or in an equilateral triangle orbiting the sun in such a way that the plane of the triangle is tilted at 60 degrees relative to the ecliptic (the precessing-plane option). In this paper, we explore the angular resolution of these two classes of detectors for two kinds of sources (essentially monochromatic compact binaries and coalescing massive-black-hole binaries) using time-domain expressions for the gravitational waveform that are accurate to 4/2 PN order. Our results display an interesting effect not previously reported in the literature, and underline the importance of including the higher-order PN terms in the waveform when predicting the angular resolution of ecliptic-plane detector arrays.Comment: 13 pages, 6 figures, submitted to Phys Rev D. The current version corrects an error in our original paper and adds some clarifying language. The error also required correction of the graphs now shown in Figures 3 through

Dangerous dietary supplements: Garcinia cambogia-associated hepatic failure requiring transplantation.

Commercial dietary supplements are marketed as a panacea for the morbidly obese seeking sustainable weight-loss. Unfortunately, many claims cited by supplements are unsupported and inadequately regulated. Most concerning, however, are the associated harmful side effects, often unrecognized by consumers. Garcinia cambogia extract and Garcinia cambogia containing products are some of the most popular dietary supplements currently marketed for weight loss. Here, we report the first known case of fulminant hepatic failure associated with this dietary supplement. One active ingredient in this supplement is hydroxycitric acid, an active ingredient also found in weight-loss supplements banned by the Food and Drug Administration in 2009 for hepatotoxicity. Heightened awareness of the dangers of dietary supplements such as Garcinia cambogia is imperative to prevent hepatoxicity and potential fulminant hepatic failure in additional patients

The subgraph homeomorphism problem

AbstractWe investigate the problem of finding a homeomorphic image of a “pattern” graph H in a larger input graph G. We view this problem as finding specified sets of edge disjoint or node disjoint paths in G. Our main result is a linear time algorithm to determine if there exists a simple cycle containing three given nodes in G (here H is a triangle). No polynomial time algorithm for this problem was previously known. We also discuss a variety of reductions between related versions of this problem and a number of open problems

Unconstitutionality and the Rule of Wide-Open Cross-Examination: Encroaching on the Fifth Amendment When Examining the Accused

When Georgia adopted a new evidence code on January 1, 2013, it embraced the rule on scope of cross-examination which local courts have traditionally followed. This is the wide-open rule which permits the cross-examiner to range across the entire case, no matter how limited the direct exam. Subjects foreign to the direct can be freely explored, limited only by the rule of relevancy. Commentators have associated the majority, more limited cross-examination methodology with American jurisprudence and the wide-ranging approach with English courts. Reflecting this divide, the Supreme Court of South Dakota recognized two principal schools of thought when it comes to the appropriate scope of final argument, essentially branding the debate as between two distinct scholarly camps. These surface most dramatically when a defendant in a criminal case takes the witness stand. In jurisdictions like Georgia, favoring the English or British rule and wide-open cross-examination, most defense attorneys stand back and watch while a prosecutor cross-examines all over the map. Absent are objections laced with Fifth Amendment overtones. This Article suggests an innovative approach based upon the Constitution. When the accused adheres to a narrow and carefully tailored approach during his direct examination, he may leave important topics untouched in his testimony. On these subjects, he has not used the direct to advantage himself, beyond those matters delved into during his direct. Accordingly, the argument contends, it is unfair to require him to address these topics on cross-examination. Indeed, to compel him to talk on heretofore-unaddressed topics violates the defendant\u27s privilege against forced self-incrimination. The constitutional problem identified here is discussed in the context of the Georgia experience because Georgia is the latest state to pass federal rules, but then to vary the cross-examination formula. A large handful of other states have done the same thing. This deviation from federal principles is an effort by dissenting states to engraft a wide-open crossexamination policy on the federal pattern. This step introduces disharmony into evidentiary practice, as will be explained in Part IV of this Article, infra. It also raises deep constitutional concerns. Because some other states have used the Georgia formula, the issues discussed hereafter have broad national significance. The analysis presented in the following pages impacts Ohio and Tennessee, for example, because they are jurisdictions, like Georgia, which have embraced unlimited cross-examination. Part II of this Article explores the nature of the privilege against self-incrimination. Both the federal and the state patterns are explained. In Part III, the Georgia rule controlling scope of cross-examination is compared to the rule which operates in federal courts. The special situation of the accused as a witness is addressed in Part IV. Decisions from the United States Supreme Court and other high profile cases which suggest that the narrow cross-examination rule has a constitutional basis are revealed. The Article concludes with