Clagget & Sykes Law Firm - July 2021

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(702) 333-7777 WWW.CLAGGETTLAW.COM JULY 2021

One of my favorite classes in college was art history. I marveled at the great masters and their incredible skill, but to be honest, one of my favorite artists is someone who was not in my art history textbook: Bob Ross. If you grew up in the 1980s and ’90s, you’re likely familiar with Bob Ross. His hairdo, peaceful countenance, and extraordinary landscape paintings (created in the span of a 30-minute episode) made him a cultural icon. For 31 seasons, Bob Ross created one painting per episode on his show “The Joy of Painting.” His favorite saying, “Happy Little Trees!” has transcended generations. Episodes of his show, now available on YouTube, have over 450 million views. Bob Ross died on July 4, 1995. During his lifetime, it is estimated that Bob Ross produced tens of thousands of paintings. However, you’re unlikely to find any of his artwork available to purchase online. Although PBS helped televise his show to over 300 stations and 80 million people every day, Ross did not get paid for his appearances on the show. Instead, he used the show to sell Bob Ross licensed merchandise (like paints, art supplies, workshops, and other swag). In fact, he very rarely ever sold any of his paintings. For each episode, Ross painted three versions of the artwork: one before, during, and after the show. In addition to his shows, Ross painted at his studio, at events, and at charity auctions. He painted every single day and accumulated over 30,000 individual pieces. Despite Ross being one of the most prolific artists in modern history, his paintings are incredibly hard to find. Major auction houses like Christie’s, Sotheby’s, and Phillips have no sales history for Bob Ross paintings. Craigslist has nothing, and there’s hardly anything for sale on eBay, except a few questionable pieces.

Photo: Bob Ross, Inc.

have scrambled to own their own Bob Ross original. So where are the paintings?

A good chunk of the paintings remain in storage. Bob Ross, Inc., the company Ross founded, currently has 1,165 originals in cardboard boxes in their office building in Herndon, Virginia. But they are not for sale. The president of Bob Ross, Inc. states that their only mission is to preserve the memory of Bob Ross. They also license Bob Ross-themed merchandise and painting courses. The few Bob Ross paintings that have been sold on the open market easily sell at auction for over $10,000 each. But good luck finding one. Ross never considered his artwork as a commodity. To him, the painting was the least important part of the process. He seemed fairly uninterested in the final product because the painting became a means to share his passion and joy. He wanted to teach people … about the journey. The painting was just a byproduct.

Today, if you can get your hands on a Ross “byproduct,” count yourself lucky.

Art dealers describe Ross’ paintings like diamonds: vast in volume but scarce in the open market. For years, collectors 1 725-867-8495 | WWW.CLAGGETTLAW.COM | WORKERS’ COMPENSATION AND PERSONAL INJURY –TomAskeroth

CHANGE IN THE APPORTIONMENT Of PPD Awards

Existing law requires, in a case where an injured employee is determined to have a permanent partial disability (PPD) and there is a previous disability, an apportionment to be made by subtracting the percentage of previous disability as it existed at the time of the previous disability from the percentage of present disability as it existed at the time of the present disability. (NRS 616C.490.) In recent years, insurers have requested (or demanded) that rating physicians apportion impairment ratings based on degenerative findings in X-rays and MRIs, or based on treating providers’ records that indicate the injured worker suffered from a preexisting degenerative condition. The Nevada Legislature just passed SB289, which amends the current law and prohibits apportionment, unless the insurer can prove by a preponderance of evidence certain specific criteria.

Most importantly, rating physicians are now prohibited from apportionment of impairment awards based on imaging studies taken after the date of injury that merely show degenerative changes. Apportionment now requires the existence of medical records before the date of injury. If the insurer has not provided records predating the injury, then apportionment for a degenerative condition is now prohibited by statute (unless there is a prior PPD or physical evidence of a prior surgery). Preexisting medical records or documents are defined by statute. These preexisting records or documents must contain one or more of the following: (a) diagnoses, (b) measurements, (c) imaging studies, (d) laboratory testing, or (e) other commonly relied upon medical evidence that supports the finding of a preexisting, ratable impairment (under the specific provisions of the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment that had been adopted by the Division pursuant to NRS 616C.110) at the time of that rating evaluation. SCENARIO NO. 2 Generally, if no prior medical records exist showing that an impairment existed before the date of the injury, apportionment is not allowed. However, if the insurer has provided a copy of a prior PPD to the same body part which was injured in the subject claim, then apportionment is permitted, as was the case prior to the passing of SB289. SCENARIO NO. 3 The final exception occurs when the rating physician is able to ascertain or observe physical evidence of a prior surgery. For example, if the injured worker has surgical scars and hardware in his back from a former fusion, then the rating physician may apportion based on physical evidence of the prior surgery. If there is no physical evidence of a prior surgery or no documentation establishing that there was a prior surgery performed, then apportionment is not permitted without a prior PPD exam. SB289 is effective May 31, 2021 . This means that insurers must abide by these rules as of today’s date and cannot require rating physicians to apportion under the old rules for any reports written after May 31, 2021.

Under Sections 1 and 7 of SB289, apportionment is only permitted in three scenarios:

(1) The insurer has provided the rating physician with medical documentation or records that existed before the date of injury and the documentation or records contain actual evidence of impairment or disability.

(2) The insurer has provided the rating physicians with a prior PPD report for the same body part which was injured in the present claim.

(3) Physical evidence of a prior surgery to the same body part which was injured in the present claim. SCENARIO NO. 1 Prior to apportionment, this scenario requires the rating physician to confirm that actual medical records existed before the date of injury and that these records establish the existence of an impairment or disability. Also, this scenario requires the rating physician to opine (to a reasonable degree of medical probability) that the injured worker had a specific percentage of impairment immediately prior to the date of injury.

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BRAIN WORK

FUN FACTS ABOUT THE FOURTH OF JULY

THE BEST TEXAS-STYLE SMOKED BRISKET

Inspired by AllRecipes.com

Impress guests at your next barbecue with this perfectly smoked brisket. Plus, you’ll have plenty of leftovers!

You Can Share With Your Kids What do your kids know about the Fourth of July? Do they know it’s a day when you have a barbecue, spend time with friends and neighbors, and watch a fireworks show? These hallmarks of the holiday certainly do make it fun and memorable, but they don’t really exemplify why we celebrate the Fourth of July, the anniversary of when the United States declared its independence from Britain.

Ingredients • Wood chips • 1/4 cup paprika • 1/4 cup white sugar • 1/4 cup ground cumin • 1/4 cup cayenne pepper • 1/4 cup brown sugar

• 1/4 cup chili powder • 1/4 cup garlic powder • 1/4 cup onion powder • 1/4 cup salt • 1/4 cup pepper • 10 lbs brisket

So, along with the sparklers and hot dogs, here are a few fun facts about Independence Day you can share with your kids to help them understand the significance of the holiday.

The Fourth of July marks our country’s independence because it’s when the Continental Congress ratified the Declaration of Independence. This fact might seem like a no-brainer, but it contextualizes the holiday for kids. It’s a great jumping-off point to talk about why the United States wanted to be its own country, what the Continental Congress was, what the Declaration of Independence said, and what it means to “ratify” something. Two future presidents signed the Declaration of Independence: John Adams and Thomas Jefferson. They both died exactly 50 years later, on July 4, 1826. This fact is an interesting coincidence sure to fascinate both kids and adults. It’s also a great way to introduce kids to some of the Founding Fathers and share how they helped shape the United States today. In 1776, the year the United States was founded, only 2.5 million people lived here. Today, the U.S. population is 331 million. Lots of people have been born in the United States since it was founded, and millions more came here from other places, hoping to find a better life. Many succeeded, too. Many people want to call this country home! On the Fourth of July, around 155 million hot dogs are eaten in the United States . Okay, so this fact might not have anything to do with American history, but it’s still pretty funny! If anything, the fact that we have so many hot dogs to eat on that day is evidence of the prosperity so many people enjoy in the United States of America.

Directions

1. In a bowl, soak wood chips in water overnight. 2. In a large bowl, mix paprika, white sugar, cumin, cayenne pepper, brown sugar, chili powder, garlic powder, onion powder, salt, and pepper. 3. Rub spice mixture on the brisket and refrigerate for 24 hours. 4. Preheat smoker to 230 F. Drain wood chips and place them in the smoker. 5. Smoke brisket until it has an internal temperature of 165 F. 6. Remove brisket and wrap it in aluminum foil. 7. Smoke brisket further until it reaches an internal temperature of 185 F.

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INSIDE

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Happy Little Trees

Change in the Apportionment of PPD Awards

Fourth of July Fun Facts to Share With the Kids The Best Texas-Style Smoked Brisket

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Is ‘Hammocking’ a Better Way to Sleep?

IS ‘HAMMOCKING’ A BETTER WAYTO SLEEP? (Theoretical) Benefits of Sleeping While Swinging

PRESSURE POINT RELIEF A good mattress can reduce pressure on the shoulders, back, and butt, while a bad mattress can do the opposite. Some hammock advocates claim that a hammock’s more flexible surface means pressure is spread more equally across all parts of the body. However, this benefit is purely theoretical and more study is needed to confirm the hypothesis.

Hammocking has become a popular leisure activity within the last 5–10 years, with the global hammock market growing about 17% between 2017 and 2021. As fun as it is, though, could hammocking be more than that? Could it be a better way to sleep, not just on camping trips or in the park, but in our homes, too? The short answer is that the data is inconclusive. More studies need to be done on the health benefits of sleeping in hammocks, and the studies that do exist lack sufficient sample sizes for meaningful conclusions. With that massive caveat out of the way, however, here are a few potential benefits of sleeping in a hammock.

DEEPER SLEEP According to a study from 2011 where

12 men took two 45-minute naps — one in a regular bed and one in a swinging bed — results showed the men fell asleep faster in the swinging bed and that they had a longer light sleep before they entered a deep sleep. However, because the size of this study was so small, its conclusions need more verification. Until more data emerges to confirm what so many hammock enthusiasts already claim to know, you can still rest knowing that hammocking isn’t harmful; in fact, it’s really relaxing and fun.

PROTECTION FROMBUGS This benefit really only matters if you’re sleeping outdoors (though, in theory, sleeping in a hammock could mean a decreased risk of dust mites). If you sleep on the ground, bugs will have easier access to you. Flying insects can still bother hammockers, but a good bug net for your hammock can fix that problem.

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