alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Claim of Gary Thompson, Appellant, v Saucke Brothers Construction Company, Inc., Respondent. Workers’ Compensation Board, Respondent.

[768 NYS2d 398]

Cardona, P.J.

Appeal from a decision of the Workers’ Compensation Board, filed September 20, 2002, which ruled that claimant was not entitled to an award for reduced earnings subsequent to August 30, 1999.

Claimant was employed full time as a carpenter when he sustained a compensable back injury in August 1995. Following back surgery, claimant resumed employment on a part-time basis and was subsequently classified as suffering from a permanent partial disability and awarded reduced earnings workers’ compensation benefits. He never returned to full-time employment. After a hearing, a Workers’ Compensation Law Judge found that while claimant was permanently partially disabled as a result of his work-related back condition, he failed to sustain his burden of proving that he was physically incapable of working full time subsequent to August 30, 1999. Accordingly, he was ineligible for reduced earnings benefits after that date. The Workers’ Compensation Board affirmed that decision, prompting claimant’s appeal.

While a claimant’s permanent partial disability gives rise to an inference that a subsequent reduction in wages is attributable to that condition, a reduced earnings award may be denied where, the reduction in earning capacity results from factors other than the claimant’s work-related injury *(see Matter of La Pietra v County of Suffolk,*294 AD2d 794 [2002]). Here, it was claimant’s burden to demonstrate that his inability to obtain full-time employment was caused, at least in part, by his disabilities *(see Matter of Hare v Champion Intl.,*303 AD2d 799, 800 [2003]; *Matter of Ennist v Texaco,*280 AD2d 773 [2001]). Claimant did not meet that burden. Although both claimant’s primary care physician and the physician who examined him on behalf of the carrier expressed the opinion that his employment *994should exclude repetitive physical motion and heavy lifting, neither opined that his work-related injury precluded him from full-time employment.

Under the circumstances, substantial evidence supports the Board’s decision finding that claimant’s reduced earnings subsequent to August 30, 1999 are attributable to factors unconnected to his employment-related injury *(see Matter of Turetzky-Santaniello v Vassar Bros. Hosp.,*302 AD2d 706 [2003]; *Matter of Walby v Volt Info. Science,*292 AD2d 740 [2002]).

We have considered claimant’s remaining arguments and find them unpersuasive.

Peters, Carpinello and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
No. 10-8317 (10A688).

#### Cleve Foster, Petitioner v. Texas.

562 U.S. 1174, 131 S. Ct. 991,

178 L. Ed. 2d 820,

2011 U.S. LEXIS 610.

January 11, 2011.

Application for stay of execution of sentence of death, presented to Justice Scalia, and by him referred to the Court, granted pending disposition of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for writ of certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court.

Justice Scalia and Justice Alito would deny the application for stay of execution.
Exhibit 32.1

Section 1350 Certification,

As Adopted Pursuant To

Section 906 of The Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of Magma Design Automation, Inc. (the Company) on Form 10-Q for the period ended February 1, 2009, as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Rajeev Madhavan, Chief Executive Officer of the Company, certify to my knowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as
amended; and

(2) The information contained in the Report fairly presents, in all material respects, the financial condition
and results of operations of the Company for the periods presented therein.



|                                                                     
|---------------------------------------------------------------------
|                                                                     
|/S/    RAJEEV MADHAVAN                                               
|Rajeev Madhavan Chief Executive Officer (Principal Executive Officer)

March 12, 2009

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon
request.
##### 



Exhibit 32.2

EAGLEPICHER HOLDINGS, INC. AND ITS SUBSIDIARIES
 
CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of EaglePicher Holdings, Inc. (the
Company) on Form 10-K for the period ended November 30, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Thomas R. Pilholski, Senior Vice President and Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss.
906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.

/s/ THOMAS R. PILHOLSKI
    
    Date:
    
    February 12, 2004Thomas R. Pilholski, Senior Vice Presidentand Chief Financial Officer


110
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Exhibit 10.7  


 
 

DECEMBER 2003 AMENDMENT
  TO
  TYCO INTERNATIONAL (US) INC.
  SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN    
    


A.    The
Tyco International (US) Inc. Supplemental Executive Retirement Plan, Amended and Restated as of October 1, 2000, is hereby further amended by replacing existing
Appendix B with a new Appendix B as set forth in the attachment to this December 2003 Amendment. 



B.    The
effective date of this amendment is January 1, 2003. 


C.    Except
as amended herein, the Plan is hereby confirmed in all other respects. 


        IN
WITNESS THEREFORE, this document has been signed on behalf of the Administrative Committee by its duly authorized representative this 24th day of December, 2003. 



	 
	 	 
	 	 

	 	 	TYCO INTERNATIONAL (US) INC.

ADMINISTRATIVE COMMITTEE
	

 	
 	

By:	
 	

 
	 	 	 	 	/s/  JANE GREENMAN      
 Jane Greenman

Chairman, Administrative Committee









 
 

APPENDIX B    
    Special Credits under Section 3(i)    
    



	Participant
 
	 	Amount
	 	Date of Credit

	Dennis Crowley	 	$35,017.52

(US dollars)	 	July 1, 2002
	

Martina Hund-Mejean	
 	

$163,168.00

(US dollars)	
 	

As of January 1, 2003, and each January 1 thereafter through the earlier of (i) January 1, 2008, or (ii) the January 1 coincident with or preceding Ms. Mejean's termination of employment.













QuickLinks


DECEMBER 2003 AMENDMENT TO TYCO INTERNATIONAL (US) INC. SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN

APPENDIX B Special Credits under Section 3(i)
# DLA Aviation helps ensure safe transportation of vital equipment 

/ Published Jan. 8, 2016
RICHMOND, Virginia, 
Cindy Hunt is a contract specialist in Defense Logistics Agency Aviation’s Engines and Airframes Division. She has been a buyer for tie down adjusters since 2007. “The tie down adjuster has been a high visibility item for our division as it is a high demand item for troops around the world,” said Hunt.

Hunt was responsible for soliciting, evaluating and awarding new long-term contracts for the adjusters as the fiscal 2003 contracts were set to expire in 2008. She said while the adjuster is a high visibility item for the division, there were many obstacles getting the request for proposal issued and evaluating offers from contractors. There were also qualification issues. Hunt said in order to qualify, the contractor first had to develop a test plan that had to be approved by the Air Force Engineering Support Activity at Robins Air Force Base in Warner Robins, Georgia. The ESA was transferred to Robins from Kelly Air Force Base in San Antonio, Texas in 2007 and the national stock numbers for the adjusters were also transferred from the Air Force Civil Engineer Center, formerly Brooks Air Force Base, in San Antonio, Texas to Robins that same year. These actions took an excessive amount of time and work. 

Hunt said after the ESA approved a test plan, the contractor then had to do a First Article Test, which also had to be approved by the ESA. DLA Aviation awarded three LTCs in 2009.   

“There were significant item changes after Robins AFB took control of the item so we were not procuring the same item as specified in the fiscal year 2003 contracts,” said Hunt. “The tie down adjusters are an important piece of equipment for the troops transporting heavy equipment. They secure the cargo being transported by aircraft. “If the adjusters break or release the chain that is securing the cargo, it would be devastating to the crew and aircraft.”

Carlos Pillot is the supervisory integrated supplier team lead for DLA Aviation Engines and Airframes Division. He has been the supervisor and contracting officer since 2010. “We have never had a vendor capable of satisfying the customers' demands by themselves.  We have always had to award multiple award contracts to ensure supply availability.  We frequently had to award to three sources,” said Pillot.

Dale Stakes is a quality assurance specialist within the division who works alongside Hunt. He became the product specialist for the adjusters in 2007. 

He says tie down adjusters are considered aircraft Critical Safety Items (CSIs). There are two types; the Type III adjuster, which has a 10,000 pound capacity and the Type IV adjuster, which has a 25,000 pound capacity. 

“If it wasn't for Dale's knowledge and dedication to supporting the tie down adjusters I would not have been successful awarding the contracts. I have learned so much about the importance of ensuring we have vendors who can pass all the required testing for these items and can deliver a part with no defects,” said Hunt.
<PAGE>

                                                                    Exhibit 99.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Amerinst Insurance Group, Ltd. (the
"Company") on Form 10-Q for the period ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Stuart
Grayston, President and Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that, to my knowledge:

     (1) The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

     (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.




/s/ Stuart Grayston
-------------------
Stuart Grayston
President
May 15, 2003
Exhibit 32.2






CERTIFICATION OF CHIEF FINANCIAL OFFICER


PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Robert Mathews, certify to my knowledge pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Viking Systems, Inc. on Form 10-Q for the quarterly period ended March 31, 2010, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Viking Systems, Inc.








Date: May 5, 2010
/s/ Robert MathewsRobert MathewsChief Financial Officer
AD-ID: VCDC1336000H

SPOT TITLE: Angie P_Love Yourself Tip_AVO2_30_URL

LENGTH: :30

AS-RECORDED SCRIPT:

ART CARD: A TIP FROM A FORMER SMOKER®

SUPER: Angie, 62, Ohio

We see Angie in a black blouse and magenta cardigan sitting at a kitchen table.

ANGIE: I started smoking menthol cigarettes at age 15.

Cut to a close up of Angie speaking.

ANGIE: As a gay teen trying to figure out who I was, I hid behind cigarettes. 

Cut to a close up of Angie in a blue blouse looking off into the distance, not speaking.

Cut to a video of Angie walking through the house and sitting on a wooden bench on a balcony. She is 

holding a newspaper.

ANGIE: And then, when I figured out who I was, I was so addicted to nicotine that it was hard for me 

to quit. 

Cut to a close up of Angie speaking to the camera. She is sitting in the kitchen and wearing a black 

blouse and magenta cardigan.

ANGIE: My tip is, 

Cut to a close up of a side profile of Angie sitting on the porch in a blue blouse.

ANGIE: love yourself and get the help you need to quit smoking. 

Cut to Angie speaking to camera in the kitchen, wearing a black blouse and magenta cardigan.

ANGIE: You are worth it.

ART CARD: Tobacco companies aggressively market to LGBTQ+ communities.

ANNCR: Tobacco companies aggressively market to LGBTQ+ communities.

ANNCR: You can quit. For free help, visit CDC.GOV/Tips

ART CARD: You can quit. For free help, visit CDC.GOV/Tips

Logo/legal: CDC

Sponsored by the U.S. Department of Health and Human Services.

#CDCTips
# Yokosuka’s Carretero awarded DLA Distribution Non-Commissioned Officer of the Quarter

/ Published May 9, 2016
YOKOSUKA, Japan, 
Navy Hospital Corpsman 2nd Class Rodolfo Carretero, medical specialist at Defense Logistics Agency Distribution Yokosuka, Japan, has been awarded the DLA Distribution Non-Commissioned Officer of the Quarter award for second quarter, fiscal year 2016.

Carretero led three sailors in the processing of 31,000 doses of Japanese Encephalitis vaccine.  He managed more than 45,000 items of forward-positioned stock assets, including cold chain materials and ammunition parts, valued at over $280 million. 

His management program was recognized as an “enterprise-wide model” during a recent DLA Audit Readiness inspection, during which time he processed 150 real-time inventory requisitions, 24 counter-to-counter shipments, and 140 bearer-walkthrough requests.  

“Rodolfo is a leader in the command and the community, and fosters a culture of emergency preparedness and service,” said Navy Cmdr. Brian Johnson, the distribution center’s commander.  He qualified 120 employees in CPR and automated external defibrillator use, and 15 employees on basic life support and first aid techniques.  “His eye on medical preparedness boosted safety awareness and culture across the distribution center,” said Johnson.

An avid volunteer, Carretero trained 25 service members and spouses as volunteers for the American Red Cross Yokosuka Branch.  He also provided 60 hours of his own time to the Feed the Homeless program.

“Roldolfo is a solid and versatile Navy corpsman,” said Johnson.  “He always gives his 100 percent effort in supporting the full spectrum of our warehouse operations.  He never fails to meet the distribution mission.”
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IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF

PENNSYLVANIA,

Respondent

v.

FRANK TARR,

Petitioner :

:

:

:

:

:

:

:

:

: No. 79 WM 2023

ORDER

PER CURIAM

AND NOW , this 26 th day of February , 2024, the Application for Leave to File

Original Process is GRANTED, and the “Writ of Mandamus or Extraordinary Relief” is

DENIED.
No. 10-7175.

#### Michael Bankoff, Petitioner v. United States.

562 U.S. 1086, 131 S. Ct. 675,

178 L. Ed. 2d 516,

2010 U.S. LEXIS 9094,

November 29, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

Justice Kagan took no part in the consideration or decision of this petition.

Same case below, 613 F.3d 358.
##### 



(ECC LETTERHEAD)

Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2003 (18 U.S.C. §1350)

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2003 (18 U.S.C. §1350),
the undersigned, Melissa Van Valkenburgh, Chief Financial Officer of ECC
International Corp., a Delaware corporation (the Company), does hereby
certify, to her knowledge, that:

The Annual Report on Form 10-K for the year ended June 30, 2003 of the Company
(the Report) fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934, and the information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.

| |  |                               
| |  | ------------------------------
| |  | /s/ Melissa A. Van Valkenburgh
| |  |                               
| |  | Melissa A. Van Valkenburgh    
| |  | Chief Financial Officer       
| |  | September 3, 2003             

Page 56 of 56
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-1996
<PERIOD-END>                               MAR-31-1996
<CASH>                                          41,387
<SECURITIES>                                         0
<RECEIVABLES>                                  503,822
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         253,765
<DEPRECIATION>                                 209,321
<TOTAL-ASSETS>                               1,159,742
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,632,998
<OTHER-SE>                                 (5,520,768)
<TOTAL-LIABILITY-AND-EQUITY>                 1,159,742
<SALES>                                              0
<TOTAL-REVENUES>                               137,165
<CGS>                                                0
<TOTAL-COSTS>                                  421,325
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               600,000
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (884,160)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (884,160)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (884,160)
<EPS-PRIMARY>                                    (.29)
<EPS-DILUTED>                                    (.29)
        

</TABLE>