Governor Mike Pence will make a major infrastructure announcement regarding I-65. Details below.
Tuesday, December 8:Â
9:30 a.m. CST – Governor Pence to make a major infrastructure announcement regarding I-65
*Media are welcome to attend and are asked to arrive early to sign in. For those planning to attend, please RSVP to Mike Neal at mneal1@gov.in.gov.
NiSource, 801 E. 86th Avenue, Merrillville, IN
Jennifer Nelson for www.theindianalawyer.com
Seventh Circuit Judge Richard Posner had harsh words for the Social Security Disability Office regarding vocational expert testimony: clean up your act.
The 7th Circuit Court of Appeals reversed the denial of Anne Hill’s application for Disability Insurance Benefits and Supplemental Security Income, finding the administrative law judge’s credibility analysis was flawed. Hill, 56, worked for more than 13 years at a steel factory where she had to carry steel sheets weighing up to 100 pounds. The manual labor took a toll on her body and she applied for disability benefits in 2011. Her physical issues include total hip replacement, knee pain, recommended total shoulder replacement, and severe physical limitations in the use of her left side.
She babysits, but is unable to lift the child, does chores and goes to church, but is unable to sit or stand for long periods of time.
The vocation expert in her case testified that she could work at jobs classified as light and unskilled, such as dealer account investigator or a counter clerk. The expert, using his own experience to opine on how Hill’s issues with her left side would impact her ability to work, testified she could still perform sedentary jobs such as a registration clerk.
Using the five-step analysis for assessing disability, the ALJ concluded Hill is not disabled. The ALJ noted that Hill was not taking narcotic pain relievers, but Hill had testified that was because of her past alcohol addiction. The judge reasoned Hill exaggerated her back pain because she hadn’t been diagnosed with certain conditions, but that conclusion is not supported by any medical evidence in the record.
“We are not confident that the ALJ would have reached the same conclusion about Hill’s credibility had she not inappropriately ‘played doctor,’ ignored possible explanations for Hill’s conservative treatment, and conflated a desire to work with the ability to do so. So the ALJ’s errors are not harmless,†Judge Anne Claire Williams wrote.
Posner wrote a concurring opinion in which he focused on “a persistent, serious and often ignored deficiency in opinions by the administrative law judges of the Social Security Administration†in denying benefits. He noted the issues regarding vocational expert testimony concerning the number and types of jobs that an applicant deemed not to be totally disabled could perform. It appears the experts simply divide census data estimates on the number of jobs in a broad category that includes the narrow category of jobs that the applicant can perform, by the total number of narrow categories in the broad category.
“The assumption is thus that every narrow category has the same number of jobs as every other narrow category within the broad category – a preposterous assumption,†Posner wrote.
“In short, the vocational expert’s testimony was worthless – and this apart from the apparent arbitrariness of his numerology,†he continued. “It is time the Social Security Disability Office cleaned up its act.â€
The case is Anne R. Hill v. Carolyn W. Colvin, acting commissioner of Social Security, 15-1230.
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Offer valid for Price Level 1 only, expires at 11:59pm on Dec. 15. |
Wednesday, December 16 at 7:30pm BLUE MAN GROUP Back by Popular Demand |
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The Department of Music at the University of Evansville will present its annual Holiday Pops concert on Tuesday, December 8. The event is at 7:30 p.m. in the Victory Theatre in downtown Evansville. This concert is free and open to the public.
The concert program will feature the University Choir, the Men’s and Women’s Choruses, the UE Symphony Orchestra, the UE Wind Ensemble, and the UE String Ensemble performing separately and in various combinations. Director of Choral Activities Dennis Malfatti, Director of Orchestra Activities Jessica Morel, and Director of Bands Kenneth Steinsultz will lead ensembles in a program of traditional and popular holiday favorites. Assistant Professor of Music Alana Keenan will sing during the event.
Evansville Police received 11 reports of car windows being damaged over the weekend. In several of the cases, the damage appears to have been caused by a BB or pellet gun. In other cases, the damage was too extensive to determine what caused it.
The incidents happened in two different areas of town. They include the area around the 800 block of E Iowa and the area around the 1700 block of E Illinois.
That creates the possibility of two scenarios. The first is one individual or group being mobile and causing all of the damage. The second is two separate individuals or groups causing the damage in their own area.
Anyone with information on these vandalisms is asked to call EPD at 812-436-7979 or WeTip.
For full details, view this message on the web.
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Statewide survey sheds light on the scope of a hidden workplace epidemic Indianapolis – Eighty percent of Indiana employers have been impacted by prescription drug misuse and abuse, including opioid painkillers, in their workplaces, according to a survey released today by the National Safety Council and the Indiana Attorney General’s Prescription Drug Abuse Prevention Task Force. The survey, the first of its kind in the nation, found nearly two-thirds (64 percent) of employers believe prescription drugs such as Vicodin, OxyContin and Percocet are bigger problems than illegal drugs. The findings come in the midst of the state’s prescription drug abuse epidemic. Drug poisonings, largely from opioid painkillers, have increased fivefold in Indiana since 1999 and now eclipse car crashes as the leading cause of injury death among adults. “It is important for employers to understand that the most fatally abused drug today may be sitting in their employees’ medicine cabinets,†said Deborah A.P. Hersman, president and CEO of the National Safety Council. “Ensuring employees are as safe and healthy as possible should be every employer’s highest priority. It is our hope that employers take the lead on this emerging safety threat so our workplaces can be safer than ever before.†Other key findings from the survey include:
“We’ve seen how the public health crisis of prescription drug abuse is taking a toll on families and communities in Indiana, and this survey shows that it has infiltrated our workplaces, just as it has with so many other facets of our society,†said Indiana Attorney General Greg Zoeller, creator and co-chair of the Prescription Drug Abuse Prevention Task Force. “Beyond the loss of productivity, prescription abuse can cause impairment, injury and may lead employees to bad choices such as theft or embezzlement from the employer. I challenge all Hoosier businesses to recognize the risks and start this conversation in their workplaces to elevate the issue, deter abuse and create avenues for people to seek help before it’s too late.†To help protect workers, the Council recommends employers expand drug testing to include detection of opioid painkillers, train employees and supervisors how to spot signs of misuse and leverage Employee Assistance Programs to help employees return to work following treatment for addiction. Employers are also encouraged to download the free Prescription Drug Employer Kit for help developing policies and managing opioid use at work. Companies of all sizes, including Indiana-based Cummins, Inc., have established prescription drug policies. “At Cummins, we demand that everything we do leads to a cleaner, healthier, safer environment,†said Dexter Shurney, Chief Medical Director at Cummins, Inc. “We make every effort to avoid workplace injuries, particularly in our manufacturing environments. We do this by providing education and support to help employees take better care of themselves at work and at home. We find that identifying the issues employees are facing is the first step toward developing appropriate resources for them. We applaud these efforts to raise awareness of these important issues.†The National Safety Council poll was conducted in first in Indiana, and it will be used as a model for other states interested in addressing prescription drug abuse in the workplace. The poll surveyed more than 200 employers from May through August 2015. For resources and information about prescription drug abuse in Indiana, visit BitterPill.IN.gov. About the National Safety Council Founded in 1913 and chartered by Congress, the National Safety Council, nsc.org, is a nonprofit organization whose mission is to save lives by preventing injuries and deaths at work, in homes and communities, and on the road through leadership, research, education and advocacy. NSC advances this mission by partnering with businesses, government agencies, elected officials and the public in areas where we can make the most impact – distracted driving, teen driving, workplace safety, prescription drug overdoses and Safe Communities. About the Indiana Attorney General’s Prescription Drug Abuse Prevention Task Force Indiana Attorney General Greg Zoeller created the Task Force in 2012 to bring stakeholders across the state together to address the rising opioid abuse and overdose rates in Indiana. The mission of the Task Force is to significantly reduce the abuse of controlled prescription drugs and to decrease the number of deaths associated with these drugs in Indiana. The Task Force is made up of 100 members including state legislators, law enforcement, health and medical professionals, pharmacists, federal, state and local government agencies, educators, advocates and treatment providers. More information and resources for the public can be found at www.BitterPill.IN.gov. |
| House Clears 10 Committee Energy Bills and Provisions Including Landmark H.R. 8 and Bills to Fight Cap and Trade, Protect the Grid, and Boost Rural Drinking Water
 WASHINGTON, DC – The House of Representatives this week said #Yes2Energy and passed a number of Energy and Commerce Committee energy bills that keep electricity affordable and reliable, modernize our dated energy laws, and boost drinking water for rural America. Additionally, the House passed a long-term highway bill that contained committee priorities to improve #Safety4Drivers and bolster America’s energy security. “When it comes to legislating thoughtful energy policy, this was a banner week for the committee – years in the making – with the 10 bills and provisions we got through the House,†said Energy and Commerce Committee Fred Upton (R-MI). “The House said yes to energy and yes to jobs. We stood up to protect the grid, protect rural drinking water, and keep energy affordable. But our work continues, and we look forward to building upon our bipartisan record.†The energy-related bills that cleared the House this week are detailed below:
PASSED TUESDAY by a vote of 235 to 188
PASSED TUESDAY by a vote of 242 to 180
PASSED THURSDAY by a vote of 249 to 174 The House on Thursday also considered the “Fixing America’s Surface Transportation Act,†a long-term highway bill that included important proposals from the Energy and Commerce Committee to improve auto safety and strengthen American energy security. The legislation included the following committee energy-related provisions:
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Just days after opening up their home schedule, the Purple Aces women’s basketball team returns to the road to face Nebraska on Tuesday evening at Pinnacle Bank Arena.
Game time on Tuesday is set for 7 p.m. and the game will be available on BTN Plus.
Evansville fell by a final of 73-54 in Saturday’s home opener versus Murray State. Sara Dickey led the way for UE with 24 points while Ashley Hawkins fell just short of a double-double with 8 points and 8 rebounds.
After being held to single digits in the games against Santa Clara and Bowling Green, Sara Dickey rebounded in a big way in the home opener against Murray State. Dickey hit 8 out of 19 shots on her way to 24 points. Dickey knocked down three triples and 5 out of 6 free throws. She continues to lead UE with 16 points per game and is the top rebounder with 4.9 per contest.
Camille Coleman had the best outing of her young career at Bowling Green, tallying 19 points while hitting six shots, four triples and all three free throws. Coleman now has three double digit outings in seven games. She is looking for more consistency in the other games as she has averaged under 4 points per game in the other contests.
One of the primary factors contributing to a 1-6 start for the Aces has been their propensity to turn it over. In all seven games this season, UE has recorded more turnovers than assists. Shooting has also been pivotal. In the two games the Aces have shot over 41%, they earned a win and fell in double overtime.
Nebraska enters Tuesday’s tilt with a 6-1 overall record with their only blemish of the season coming against top-ranked Connecticut on the road. The Cornhuskers are coming off of a pair of strong victories, defeating NC State by a final of 88-67 on Thursday before taking down Creighton, 65-63, on Saturday at Pinnacle Bank Arena. Jessica Shepard is the top scorer for Nebraska, checking in with 19.4 points per game; she is also the second-ranked rebounder on the squad with 7.9 per outing. Natalie Romeo has averaged 15.9 points and is one of the top free throw shooters in the nation as she has seen 90.9% of her attempts find the bottom of the net.
On Tuesday, the University of Evansville and Arkansas will meet for the first time on the hardwood as the Purple Aces travel to Fayetteville, Arkansas to take on the Razorbacks at Bud Walton Arena.
Set to be televised live on the SEC Network, the game will begin at 8 p.m. CT.
For the first time since December of 1991, Evansville defeated Murray State as UE earned an 85-81 overtime win against the Racers on Saturday at CFSB Center. After trailing by 13 points in the early minutes of the game, UE battled back to trail by five at the break before taking the lead in the second half. Evansville shot 56.1% in the game and now stands at 53.2%, which ranks fourth in the nation and tops in the MVC.
Tuesday’s game against the Razorbacks marks a couple of firsts for the UE program, most notably it will be the first meeting against Arkansas. It will also mark the first appearance for the Aces on the SEC Network while it is the first visit to an SEC campus since Dec. 17, 2003 when the Aces traveled to Oxford, Miss. to face Ole Miss, falling by a final of 69-66. Evansville visited Missouri in 2006, but that Mizzou was in the Big 12 at the time.
Egidijus Mockevicius has hauled in at least 11 rebounds in 7 out of 8 games this year and sits second in the nation with an average of 13.5 per game; he leads the MVC list by 5.9 per game. His scoring has also been stellar as Mockevicius has notched 17.5 points per game, ranking fifth in the MVC; in his career, Mockevicius has scored 20 points or more on seven occasions in his career, four of those efforts have come in the last 7 games.
With 1,944 points in his career, D.J. Balentine ranks atop the active NCAA scoring list and his average of 22.3 points per game this year is tops in the MVC and 14th in the NCAA. In the road win against Murray State, Balentine drained 12 of his 20 attempts, tying a career-high for made shots while also scoring a season-high of 32 points.
Arkansas has posted a 3-4 mark through its first seven contests of the season following an 88-85 loss at Wake Forest on Friday. The Razorbacks are ranked in the top 25 in the country in points per game, notching 85.7 per contest. Offensively, Arkansas has shot 46.1% while its opponents have shot 45.5%; one staple of the Razorbacks is their stifling defense, which has forced 113 turnovers.
Dusty Hannahs leads the Razorbacks with 17.6 points per game while hitting an unbelievable 25 out of his 26 free throw attempts on the season. Next up for Arkansas is Moses Kingsley, who has notched 16.4 PPG while posting a team-high 9.7 rebounds. Anthlon Bell (15.7 points) and Jimmy Whitt (10.3 points) also average double figures in scoring.
Mississippi Valley State comes to town on Saturday for a 3 p.m. game against the Purple Aces.
