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You are at:Home»Law»Former U.S. Attorney General Eric Holder Receives Fordham-Stein Prize
Photo by Chris Taggart
Former U.S. Attorney General Eric Holder Receives Fordham-Stein Prize
By Patrick Verel on	 November 18, 2015 Law, School of Law
Monsignor Joseph Quinn, Fordham Law Dean Matthew Diller, former U.S. Attorney General Eric Holder, Fordham University President Joseph M. McShane, SJ, and University Provost Stephen Freedman
Fordham Law School last night honored at its annual Stein Prize Dinner former Attorney General Eric Holder, a lawyer known for providing balance between the demands of justice and the importance of national values.
In accepting the Fordham-Stein Prize, Holder spoke hopefully to the 150 alumni, faculty, colleagues, and friends gathered at the event, four days after terror attacks in Paris. "Some would just despair, but in times of national stress, lawyers are often at their best," he said.
"Studies have shown that lawyers are disproportionately responsible for the greatest advancements in the past decades," Holder said. "Wherever you are and whatever you do, you have the power to serve, so find the time, the program, or the cause to serve your fellow citizens and improve their lives."
Joseph M. McShane, S.J., president of Fordham University, praised Holder as an inspiration and a lodestar for the United States.
"We're not just honoring you for your achievements, but for your principles, your great heart, your devotion to justice and your willingness to ask and answer the deep, unsettling questions that challenge our society," Father McShane said. "For us, you continue to be part noodge and part prophet, as you show us how to live our lives marked by a noble purpose."
Fordham Law Dean Matthew Diller made clear the reasons Holder was a perfect fit for the award, first given in 1976.
"Mr. Holder has always said the Attorney General's job was never about winning cases or gaining leverage, but about achieving 'just ends'," Diller said, citing some of Holder's advancements during his six-year tenure at the Justice Department, including efforts to protect the Voting Rights Act, release nonviolent drug offenders from prison, and prosecute terrorism cases in federal court.
Holder spoke afterward with Stein scholars. Photo by Chris Taggart
"In late September of last year, Mr. Holder formally announced his resignation as attorney general, but made it abundantly clear that he was not resigning his commitment to his—and his country's—values," Diller said. "He said, 'I will leave the Department of Justice, but I will never—I will never—leave the work. I will continue to serve and try to find ways to make our nation even more true to its founding ideals.'"
Holder, the 82nd U.S. Attorney General, was appointed by President Barack Obama in January 2009 and became the first African-American man to hold the office. He left in April to return to private practice at Covington & Burling in Washington, D.C., where he represents such clients as Merck and the National Football League.
The Fordham-Stein Prize is presented annually to a member of the legal community whose work embodies the highest standards of the profession. Prize recipients exemplify outstanding professional conduct; promote the advancement of justice; and bring credit to the profession by emphasizing in the public mind the contributions of lawyers to our society and to our democratic system of government.
—–Adrian Brune
Joseph M. McShaneLouis Stein Center for Law and EthicsMatthew DillerMonsignor QuinnSchool of LawStephen Freedman
Two Fordham Graduates Make Middle East Policy Council's '40 Under 40' List
Feerick Center for Social Justice Releases Report Calling on NYCDOE to Take Concrete Steps for Greater Equity in Admissions Methods
Fordham Law Scholars Featured in "Big Idea" Limited Video Series


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Yeastie Boys are a Wellington-based brewing duo (without their own brewery) who have been amongst the leading innovators during the recent rise of craft brewing in New Zealand. The brainchild of Stu McKinlay and Sam Possenniskie - two of New Zealand's most prominent beer activists - the Yeastie Boys have spent the last seven years picking up trophies, receiving critical acclaim from around the world, and proving to even the most cynical beer geek that contract brewing really can result in great beer.
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We are a nonprofit organization that awards chronically and terminally ill children full expense paid trips to Comic and Gaming Conventions nationwide. Join us in helping bring their dreams to reality!
We are commited to making the lives of the terminally ill a little better. Learn more about the PAG mission to make dreams come true.
We are made up of gamers from across the country striving to make dreams come true. This is who we are.
Looking to see what we are up to? Check out what events we have coming up and what we have been doing.
On September 24 we had the pleasure of awarding Neila and Von Smith with a Pretty Awesome event. It's weekends like these are the reason all of us at PAG exist. Click the pic below to check out all the recap content.
Even after we have announced our yearly award winners doesn't mean our job is done for the year. We are still searching for more awesome kids out there that deserve this award for the future awards. Our goal is to reach 50 kids and their families being awarded each year. So help us find more awesome kids that deserve to be a superhero!
T-shirts are now available thanks to Tiny Little Monsters. Visit our booths at conventions we will be attending throughout the year to pick one up!
The featured streamer is FencechildLLG. Check with him for any special event streams he my be hosting. If you love to stream video games and are interested in becoming a featured streamer that could help more kids get to our events, then head over to the Join Us and let us know. Your next streamed games could have our shoutcasters and prizes! Click on the link below to check out the other streamers that help earn us the funds we need to make more kids feel awesome!


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Euglandina candida is a species of predatory air-breathing land snail, a terrestrial pulmonate gastropod mollusk in the family Spiraxidae.

Subspecies
 Euglandina candida conularis (Pfeiffer, 1855)

References

Spiraxidae
Gastropods described in 1852

redpajama_set_name: RedPajamaWikipedia


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Eric Lambert Jr.
In 1974, the voice of the Lord called to Bishop Eric Lambert to feed His lamb and His sheep. Desiring to please the Lord, Bishop Lambert entered into the work of the ministry of the Word of God. The passage of scripture that drove Bishop Lambert's passion for the Lord was found in Isaiah, "Also I heard the voice of the Lord, saying, Whom shall I send, and who will go for us? Then said I, Here am I; send me." Isaiah 6:8 (KJV)
After serving his spiritual father, Pastor Benjamin Smith at Deliverance Evangelistic Church, Bishop Lambert was released to plant what is now known as Bethel Deliverance International Church. This ministry started with seven committed believers and a vision to evangelize the world. Now, more than thirty years later, the testament of Bishop Lambert's life and spiritual legacy can be found amongst his growing membership, over 40 specialized ministries, and four planted churches.
Wanting to be an instrument in the hands of God, Bishop Lambert desired to study the Word of God in order to give the Lord an instrument that would be able to take the Word of the Lord wherever the Lord desired. Bishop Lambert completed studies at the Deliverance Evangelistic Bible Institute, Back to the Bible Institute, and Liberty University Bible Institute. After attending classes at the Center for Urban Theological Studies, Bishop Lambert completed his Bachelor's degree in Psychology from Liberty University. Bishop Lambert completed his Master's degree in Forensic Psychology from Nova Southeastern University of Fort Lauderdale, Florida.
Realizing that the call of God would take him to foreign nations, Bishop Lambert began to study foreign languages. He speaks fluent Italian and proficient Russian.
A man of vision, recognizing that media communication is a key thread to the expansion of the Kingdom of God, Bishop Lambert seeks to proclaim the glorious Gospel of Jesus Christ through several media outlets. Bishop Lambert desires that Christ be proclaimed throughout the world. Through the daily and weekly television broadcast, "Climbing Higher", many souls are won to the Kingdom of God.
A noted author and prolific writer, Bishop Lambert is the author of four books: "The Reality of Christian Living," "Ingredients of Prayer," "The Kneeling Mind," and his recent work, "The Christian and the Culture."
Bishop Lambert serves as the President and Presiding Bishop of the Bethel Deliverance International Fellowship of Churches, Inc. This fellowship of churches is designed to promote growth, unity, education and spiritual connection among the member churches. Through this effort, Bishop Lambert continues to submit to the will of God and serve the Body of Christ with the goal of bringing glory and honor to the Lord Jesus Christ.
Bishop Lambert is married to Lady Sheila Lambert and they are the proud parents of Shaneena and the godparents of Darius.
Show Links:
Eric Lambert Jr. Website
I'm Happy For You... (Not) - Crosswalk the Devotional - January 20
"Rejoice with those who rejoice" is a pretty easy command... except when it isn't.


Irish rock band Kodaline is heading to Bangkok for the very first time to play the Mangosteen Music Festival on Feb 22, 2019.
The band, comprising Steve Garrigan, Mark Prendergast, Vincent May and Jason Boland, is behind chart-topping hits like "All I Want," "High Hopes" and "Love Like This" from their 2013 debut album In a Perfect World and "The One" and "Honest" from their second album, 2015's Coming Up for Air.
The band's latest album, Politics of Living, was released in 2018 and boasts tracks like "Brother" and "Follow Your Fire".
They'll be joined in Bangkok by synth-pop act Polycat and buzzing singer-songwriter Phum Viphurit, with Fickle Friends and Sunset Rollercoaster.
The festival will take place at Hall 106 Bitec Bangna. Early bird tickets (limited to 2,000) go on sale at B2,600 this Nov 15, and regular tickets from B2,800 will be available on Nov 17 both on Ticketmelon.


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Julianne Moore to play Sarah Palin in new U.S. TV
She was nominated this year for a BAFTA and Golden Globe Award for her performance playing a lesbian matriarch in The Kids Are All Right. But Julianne Moore is set to take on a very different role - that of vice presidential candidate and Alaskan governor Sarah Palin.
The 50-year-old four time Oscar nominee has signed on to play the presidential running mate in a TV adaptation of the best-selling book Game Change for HBO.
According to Entertainment Weekly, Game Change will be directed by Jay Roach -- who directed Meet The Parents, and written by Danny Strong, who previously teamed up for HBO's docudrama Recount, which focused on the aftermath of the 2000 election.
The film will follow the 2008 presidential campaign between John McCain and Barack Obama. No other cast members have been announced but with Jay Roach attached to the project it is likely to be an all-star cast.
Julianne has recently gained praise for her award-winning film The Kids Are All Right. The film was nominated for best picture at the Oscars while her co-stars Mark Ruffalo and Annette Bening were up for best supporting actor and best actress respectively.
Moore says the film, which focuses on a lesbian couple raising two children, made her reflect on her own family values.
© Daily Mail, London
Await: New mobile battery with power lasting months
A flat battery on your mobile phone can leave you in a sticky situation, but new research could mean you might go months without charging it. A team of electrical and computer engineers at an Illinois university may have solved the problem by using 'nanotubes' - carbon tubes 10,000 times smaller than a human hair.
The scientists replaced the metal wiring in mobile devices' batteries with the nanotubes and believe the changes could extend battery life by up to 100 times. 'I think anyone who is dealing with a lot of chargers and plugging things in every night can relate to wanting a cell phone or laptop whose batteries can last for weeks or months,' said Eric Pop of the Beckman Institute for Advanced Science and Technology.
Mr Pop claims his team's research could one day mean a mobile device like an iPhone could see hugely extended battery life, possibly to the point that it could run by harvesting thermal or solar energy rather than relying on a battery.
The research could also prove groundbreaking for devices much larger than mobile phones or portable computers. 'We're not just talking about lightening our pockets or purses,' Mr Pop explained. 'This is also important for anything that has to operate on a battery, such as satellites, telecommunications equipment in remote locations, or any number of scientific and military applications.'
The scientists believe their latest study is just the beginning for improving battery life and hope to make devices' power consumption 1,000 times more efficient.
The findings, published in a report in the Science journal, come in the same week that Google admitted up to 260,000 smartphones had been hacked after handset users unwittingly downloaded virus-infected apps.
The threat came to light last week when the technology giant was forced to withdraw at least 50 apps from its official Android Market.
Other Times 2 Articles
Japan faces nuclear disaster
Europe and US step up pressure on Gaddafi to go
Jayalalithaa slams DMK's muscle-flexing with Congress as drama
'I'm still in love with Bill'
Fanatics told me to rot in hell, says Muslim Miss Universe girl
Don't do a Diana, Kate, PLEASE ditch your wedding diet
British unis take a beating
Sun rises on Japan quake tragedy
How the so-called guardians of free speech are silencing the messenger
Is the 'future' coming to Egypt?
Middle East revolts: Obama gets it right
Japan: Leading the way in disaster preparedness
Somali pirate: I made $2.4 m from ransoms in 2010
US forces kill Afghan President's cousin and says it's a mistake
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Ten Yard Fight was a straight edge, football-based band formed in 1995 in Boston, MassachusettsAlong with In My Eyes and Floorpunch, they spearheaded the youth crew revival in 1997. Ten Yard Fight's "official" last show was in Boston on October 17, which would become the first National Edge Day. They would later play additional shows with partial lineups.
Ten Yard Fight played their first show with Moreschi clad in a combination of football gear and punk rock clothing. After receiving positive feedback the band decided to become more serious. Ten Yard Fight began performing on the East Coast.
In between these releases TYF appeared on many different compilation recordings. At the end of 1999, TYF played their last show together with friends Bane, Reach The Sky, and In My Eyes. This show was at the Karma Club on Lansdowne Street as the Yankees and Red Sox were playing right across the street in the ALCS at Fenway Park. The final lineup of the band included Anthony Moreschi, guitarist John LaCroix (who started out playing bass), guitarist Timmy Cosar (who later formed American Nightmare), bassist Brian "Clevo" Ristau, and drummer Ben Chused.
'The Only Way: 1995-1999', a DVD/video documentary, had its release celebrated a year later with Ten Yard Fight taking the stage, unannounced, at "Edge Day Two," coinciding with the final performance of Boston's In My Eyes. During the 4+ years that TYF was around, the band played all over the world, including several US tours, a European tour, many shows in Canada and even a weekend of 2 shows in Puerto Rico where Steve Reddy caused permanent spinal damage to LaCroix.


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Sexually abused and seen as the lowest of the low: life as an 'untouchable' Dalit woman
Story by CNN Staff
Photographs by Omar Khan, CNN
Haryana, India (CNN) In India's caste system, the Dalits are traditionally regarded as the lowest of the low. Seen as "unclean," they are considered untouchable by the higher castes.
The country's 2011 census, the latest available, states that just over 16 percent of India's population are Dalits -- making up roughly 200 million people. According to India's National Crime Records Bureau, more than four Dalit women are raped every day in India. The NRCB's 2014 statistics say crime against Dalits rose 19%. In many of the cases, these crimes are committed by upper caste perpetrators.
Last week, a young Dalit woman in the state of Haryana reported being gang raped by a group of men, including some of the same individuals accused of raping her three years ago. Police say those suspects were out on bail awaiting trial for the previous allegations. CNN went to a village close to where the alleged incident occurred and spoke to Dalit women and asked them what life was like for them.
Rajbala, 28
"I wish I wasn't born as a Dalit woman. We are the easiest targets for any sexual or physical abuse in our society."
Rekha Devi, 33
"We are not allowed to enter the houses of upper caste people. We are untouchables. When they give us water to drink, they pour it on our palms to avoid any direct contact."
Meera Devi, 26
"Upper caste men give us names which are both abusive and derogatory. I wish I could change this practice. We do not want to work under the upper caste people and compromise our dignity. But we are poor. What other options do we have?"
Jyoti, 24


DecayMasters, you definitely should! Ever since i found this old pentax i've been lugging it to abandoned places just in case I see that special sth that would make for a great analog pic. Shooting film is a very interesting experience, definitely takes more awareness and premeditation then just filling cards on digital. The group is a little light on content for the moment, but i'm getting some rolls developed more to come real soon!
Wow, this one is usually known as the Hawker, I took one of my favourite pics ever of that beauty. Problem is the site is now reconverted to a campus for training emergency services, police and even special forces. We requested access politely once, but got denied because of "terrorism threats" Few day's later, I just stumbled in at dusk... but didn't get into the plane. Nice one!
Purple blobs with long exposure?
100% certain it is the variable ND filter, that's what you get when you turn it exactly to max I used to use 2 linear polarisers as a DIY ND filter, and that's what it does. thing is the sweet spot should be rather narrow, turn it half an inch to either side and blob should be gone!
Shiny metal Greetings from Belgium!


I thought I had solved FOMO. The reality was far more dangerous.
Two years ago, comedian Dave Maher woke from a monthlong coma. This is his story, told in ten installments.
By the end of my twenties, I was severely depressed and a decade deep into a habit of falling asleep at parties.
I didn't do this because I was so intoxicated I couldn't stay awake—or at least that wasn't the only reason. And I didn't fall asleep because I wanted to avoid people. Quite the opposite, in fact: I wanted to be around them.
I was lonely and miserable, and the only thing that made me feel even slightly better was being around my friends as much as possible. So I'd drink too much and drift off, knowing my kind friends wouldn't wake me. In the morning, I'd wake up in Drennen's or Gary's or John's apartment, and that was okay. It was more than okay; it was where I wanted to be.
My slumbering habit began in college. One night during my sophomore year, I went to a party and got so blackout drunk, I groped a young woman. I put my hand between her legs while we were dancing, and she had to slap me away several times before I gave up this charming little attempt at courtship.
Later, back in my dorm, I stripped down to my blindingly white boxer briefs and ran around the floor like a big, pale baby in a diaper. Then I flopped onto the common room couch and fell asleep in the fetal position, with no blankets for warmth.
When I woke the next morning, I remembered none of this. Then my RA came to my room to talk. He had heard about the groping incident, and I learned from him what I had done. My behavior was unacceptable, he said, and it could not continue.
I felt ashamed, humiliated — and terrified. This was my first blackout, and I didn't know what to make of it. Who was this shadow self who came out when I imbibed one too many? What did the action of violating this young woman say about my character? Did drinking make me a different person, or did it simply unleash things that were already inside me? Was this who I really was?
One thing I assured my RA with all the sincerity my 19-year-old, deeply delusional brain could muster: My drinking was not a problem, and I would take precautions to make sure it did not become one.
Those precautions took the form of my body shutting down to avoid the possibility of my behaving in similarly horrifying ways. So, without much conscious work on my part, I began to fall asleep at parties.
The trend continued after college and well into my twenties. Weekend after weekend — at parties, casual social gatherings, even bars — after as many drinks as my body could handle, I would find a nice couch or bed or booth and nod off.
I started seeing a psychologist and a few different psychiatrists around this time. My therapist diagnosed me with generalized anxiety disorder, panic disorder and a touch of dysthymia, aka persistent depressive disorder (like a hint of the plague, but for your emotions). I was prescribed medication, but I also drank to blackout and started smoking weed all day, every day.
Eventually, I became so infamous for falling asleep in social situations that my friends would comment and joke about it. They played games with my dozing husk. One of these was Party Jenga, which involved people taking turns placing objects on top of me until the objects fell off or I woke up. They took pictures of their exploits, which you can see here.
I felt guilty knowing this was my reputation, but I wanted both to get very drunk and to stay with my friends. Plus, at least when I slept I wasn't causing trouble. In a dark corner of my mind, I feared that if I got blackout drunk at a party and stayed awake, I would be faced with the revelation of more horrible actions I did not remember. By zonking out, I could spare myself humiliation and someone else the possibility of serious trauma.
I was going to drink myself to sleep either alone or with people, and I wanted to be around people. So I slept at parties. I had solved FOMO.
Later in my drinking and sleeping career, while doing improv comedy in Chicago, I went through a particularly painful breakup that started one of the longest and deepest periods of depression in my life. It was all I could do to get out of the house. When I could muster the momentum to leave, I would go to the Upstairs Gallery, the now-defunct venue where I performed. Even if I didn't have a show, I would go and just sit.
I remember sitting at those shows, not watching, just feeling the weight of my depressed body in the chair as my friends improvised scenes while my eyes stared into the middle distance. Or I'd sit on the couch in the green room, drinking and smoking, surrounded by people I could talk to, or not talk to, for hours. My friends and fellow performers provided the distraction I craved. When I was around them, my mind was on vacation from my problems. I thought if got high enough, I could escape myself.
I wanted to be around people because it meant not being at home with even fewer distractions from the pains of my anxiety, my depression, my breakup and my disappointment at being a struggling improviser whose ambition far outpaced his reality.
I blacked out regularly at the Upstairs Gallery, but my scariest incident there was not a result of falling asleep. Shows at Upstairs often engaged the audience, comprised mostly of performers, who were known to break into frequent chants. I loved the chants and often tried to start them. They provided opportunities to open up our jaws and unleash pure, primal id.
During this particular show in 2014, the chant brought the audience to its feet. We were all going wild. I had been drinking, of course, and was almost certainly very high. All the blacking out makes my memory hazy, but I believe it was August, which is the hottest and most humid month of the year in Chicago. The Upstairs Gallery was on the third floor of its building, and that heat was rising.
Once the audience had stood, hollering at the top of our lungs, I wanted to raise the stakes and place myself in the center of the action, so I climbed onto the seat of my folding chair and continued shouting. A moment later, the vibe in the room pivoted abruptly to one of concern, and people were asking me if I was okay. I was on the ground, on top of a pile of collapsed chairs. I had passed out.
As I came to, I assured everyone I was okay and that the show should continue. I had no idea that panic flashed through my friends' minds as they watched me fall. I felt guilty for having scared them, but after a couple of them escorted me to the green room, I remained confused but not concerned. I felt fine enough to keep partying. I blamed excitement and laughed it off.
I thought the experience was an unremarkable blip on the Richter scale of my disappointing life. I had no idea it was a foreshock of the earthquake to come.
Thanks to Erin Klabunde and Hunter Stuart.
Chicago comedian. Creator of "Dave Maher Coma Show". www.thisisdavemaher.com Contributer to @Dose and @OMGFacts.


Celebrating holidays and special occasions can be tough with all the sugary treats around. You can fight back by making your own homemade sugar-free fudge recipes to satisfy cravings and not go off track.
If you've gone low carb and dairy free, take a look at this easy sugar-free chocolate peanut butter fudge or try this chocolate coconut oil fudge.
With all the white sugar health concerns, give these high-fat, low-carb treats a try. They are some of the best tasting low-carb fat bombs around.
Launch the gallery to see all the amazing low-carb and sugar-free fudge recipes in this collection. Each photo caption contains a link to the full printable recipe.
If you don't have time to view all the recipes, pin the collage image below to save this post for later. Enjoy the fudge! And be sure to leave a comment below if you do give one of the recipes a try.


"My Grandfather owned a drive-in restaurant back in the 1950's. This is his exact recipe for Coney Dogs from back in the day. I make this on special occasions and it is always hit with friends and family. Enjoy."
Place the ground beef and onion in a large skillet over medium-high heat. Cook, stirring to crumble, until beef is browned. Drain. Transfer the beef and onion to a slow cooker and stir in the ketchup, sugar, vinegar and mustard. Season with celery seed, Worcestershire sauce, pepper and salt. Cover and simmer on Low setting for a few hours before serving.
See how to make America's favorite beefy hot dog condiment.
Wonderful sauce for doggies! I added a wee bit more ketchup and put cooked ground beef and onion in my food processor after browning.....Delightful. I will make again and again!


Jubilee Tickets, Plays, Shows and Schedule at StubPass!
StubPass is your trusted connection for the complete Jubilee experience!
To buy Jubilee tickets online, please select the event from the Jubilee schedule below. At StubPass you'll find great deals for premium and sold-out tickets for all Jubilee events as well as event schedules and information. Any questions regarding Jubilee ordering or you need some more support, contact us to assist you.
Jubilee has created a lot of buzz and is one of the most popular events of the year! There is simply no better way to spend your day or evening than at this theater event! Whether you are looking for Jubilee tickets for an upcoming show or one in the future, StubPass has Jubilee tickets available at every price point. Since our prices are 10 to 20 percent cheaper than any other outlet offering tickets to Jubilee, you may just find yourself sitting next to the stage.
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Hancock announces new Covid tiers across regions in England
Health Secretary Matt Hancock has announced a change in Covid tiers across England, with Bristol and North Somerset moving from Tier 3 to Tier 2, and Herefordshire placed from Tier 2 into Tier 1. Tier 3 restrictions will also be extended across a wide area of east and south east England, including Bedfordshire, Buckinghamshire, Hertfordshire and the majority of Surrey. All changes will come into effect at 00:01 on Saturday December 19.


Since November of 2010 in Russia to take a number of amendments to the SDA, in particular, that all cars in the dark and in daylight hours were included in either dipped beam or daytime running lights DRL. This measure should improve road safety. Studies have shown that vehicles with daytime running lights or dipped beam reduce accidents on the roads by 10% -25%, because the vehicle with the lights more visible for motorists and pedestrians. It should be noted that the studies had identified an important factor, with the car daytime running lights DRL seen better than a car with low beam.
Our portfolio is very wide variety of daytime running lights. Price DRL is highly dependent on the type of light-emitting diodes mounted on daytime running lights. Daytime running lights are equipped with DIP LEDs are much cheaper DRL on the basis of HP, because the daytime running lights with LEDs DIP suitable only to refer to the car, and daytime running lights with LEDs HP can be used to illuminate the road.


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August 16, 2014 7:30pm jordankeyes
Device Review: Nvidia SHIELD Tablet
A little over a year ago, Nvidia decided to change the game–literally. The Nvidia SHIELD Portable was announced, released, and was very well received. Here we are, shortly following the announcement of a new, and epic, generation of mobile device processors, and Nvidia has officially released their next SHIELD installment, the Nvidia SHIELD Tablet.
One of the chief complaints we saw with the original SHIELD Portable was the screen size and resolution. A 5" screen with 720p resolution was usable for most tasks, but could get to be a bit of a strain on the eyes after a while. Nvidia has attempted to address this with an 8", 1920 x 1200 display (which is, by the way, quite nice).
Check out Jordan's Video Review:
Hardware specifications:
Processor NVIDIA® Tegra® K1 192 core Kepler GPU,2.2 GHz ARM Cortex A15 CPU
Display 8-inch 1920×1200 multi-touch Full HD display
Audio Front facing stereo speakers, dual bass reflex port with built-in microphone
Storage 32 GB (WiFi+4G LTE) / 16 GB (WiFi-only)
Wireless 802.11n 2×2 Mimo 2.4 GHz and 5 GHz Wi-FiBluetooth 4.0 LE, GPS / GLONASS
Connectivity WiFi+4G LTE or WiFi-only, Mini-HDMI, Micro-USB 2.0, MicroSD slot, 3.5 mm stereo headphone jack with microphone
Camera Front: 5MP HDR;Back: 5MP auto focus HDR
Stylus DirectStylus 2 with 3D Paint (Included)
Battery 19.75 Watt Hours
As you can probably imagine, with the Tegra K1 and 2GB of RAM, this thing eats up games for breakfast.
As this latest SHIELD is a standalone tablet, if you want to interact with your games like you did on the SHIELD portable, you'll need a controller. With most other devices, this means pairing a Bluetooth controller. This usually introduces a bit of latency, which could mean the difference between getting a headshot and BEING headshot.
With the SHIELD Tablet, Nvidia released the SHIELD controller, a WiFi-direct solution that promises lower latency and easier pairing. In practice, both of these claims appear to be true.
Additionally, a magnetic tablet cover is available that makes it simple to stand the tablet up on a flat surface so you can keep right on gaming with the wireless controller.
As with the SHIELD Portable, the tablet comes with a version of Android KitKat (specifically, version 4.4.2) that is only minimally customized, adding in pieces and parts to make the controller and stylus work appropriately, as well as whatever's necessary for game streaming and recording. This means that updates can, and should, come frequently, as they have with the original SHIELD.
This also means that rooting the device is quite painless, as you can see in the following video:
Sound is one place where the SHIELD Tablet really shines. With most Android devices, and especially most tablets, speakers come in the form of one or two small, tinny speakers at the bottom, or the back, of the device.
The SHIELD Tablet has front facing stereo speakers as well as bass reflex ports on the side, which makes for some truly decent sound quality. I rarely found myself bumping the volume over about 50%, because the speakers were just that loud, clear, and crisp sounding.
This is another area where the SHIELD Tablet shines. It's easy to throw around numbers like 8" and 1920×1200, but it doesn't do it justice. The colors are vivid, and the viewing angles are excellent.
Game Recording / Streaming
One new feature introduced with the SHIELD Tablet is the ability to record screencasts directly from the device, including the built-in camera and microphone. This really makes this device a unique experience, as far as I'm concerned.
I've only tested this functionality a few times, and it seems to be a bit hit-or-miss. It records at a strange resolution, 1728×1080, presumably because the native screen resolution is 1920×1200 instead of 1920×1080. Additionally, the audio can sometimes go wildly out of sync from the video. Rebooting the device seems to take care of that issue, but you don't know about it until after the recording, so it's safest to just reboot before you're going to record anything.
The built-in microphone really isn't all that bad. My initial tests made me think it might be, but as it turns out, if you're using the wireless controller, it attempts to use the microphone in it instead, which IS a pretty rough microphone.
Built-in streaming to Twitch.tv is also supported, which is absolutely awesome. You have to turn the quality down before attempting it, but still, it's an all-in-one game streaming solution.
The downside of all of this, as I hinted earlier, is some glitchiness in the software. I attempted to record gameplay of games like Half-Life 2, but if I tried to leave the camera turned on while doing so, the game would immediately crash. I believe most of these things will be fixed, in due time, with software upgrades.
I've said it before, and I'll say it again. This is a tablet. Please don't use it as a camera.
That said, the pictures I took with the rear-facing camera were… well, not great. 5MP doesn't go quite as far as it used to, so they were blurry and grainy. However, for the front-facing camera, while it's still a bit grainy, it's leaps and bounds better than a lot of other front-facing cameras, and given that its primary intention is to be used while streaming or recording games, it works extremely well for that!
A stylus is not something you'd normally talk about with a tablet, but this is a bit of an exception. The stylus of the original Tegra Note has been revamped a bit for the SHIELD tablet, with excellent results. I'm no artist, but the stylus has been extremely easy to use and feels very sturdy and solid in the hand, allowing for fine-grained control.
Unfortunately, the stylus doesn't appear to work with all other devices, though it DID work with the HP Slate 7 Extreme, which also uses Nvidia DirectStylus technology.
According to Nvidia, the battery in the tablet is 19.75 Watt hours. That should equate to about 5200 mAh, which is just above average for a tablet of this size. In practice, I usually don't find myself sitting down with a device like this for more than a couple of hours at a time, so I regularly saw several days of battery life, but my gaming was probably lighter than average. With heavier usage, of course you'd be able to drain the battery in just a few hours, but that can be said of just about any device with any battery size.
As a "next step" in the SHIELD family, the new SHIELD tablet is definitely a very worthwhile addition. Excellent performance, interesting software additions, amazing sound quality make it a powerful combo, not just for gaming, but for everyday tasks, media consumption, and even a bit of artistry. With a price tag of $299/$399 (and even more if you want the wireless controller and magnetic device cover) it's a bit on the steep side, but if you're looking for a good all-around tablet, and an especially good gaming tablet, this is the one.
Tags All AndroidAndroid 4.4 KitKatNvidia SHIELD TabletNvidia Tegra K1reviewxdatv
XDA » News » Device Review: Nvidia SHIELD Tablet
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Meet The Founders: Take a look into the hearts and minds of the Brave Souls behind BSC.
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Subject To CHANGE...
June 9, 2013 Print version
BSC makes its 4th Annual DC Black Theatre Festival appearance with
"Subject To CHANGE..."
What: Brave Soul Collective presents "Subject To CHANGE..."
Where: Sitar Arts Center
1700 Kalorama Road NW
When: Thursday, June 27th 2013
Cost: $15 online & at the door (while supplies last)
On Thursday June 27th, Brave Soul Collective (BSC) makes its 4th annual DC Black Theatre Festival appearance, with "Subject To CHANGE..." a series of all new theatrical works written and performed by some of DC's most talented African American artists.
After presenting the inspiring stage production, "BALANCING ACTS: Tales of Triumph, Trial & Error earlier this year in honor of National Black HIV/AIDS Awareness Day, BSC returns to the Sitar Arts Center on Thursday June 27th, at 7pm, with an electrifying stage play which is sure to take audience members on a journey like only the Brave Soul ensemble can.
Through a combination of short scenes & monologues, this performance will tackle issues such as relationships, sex, dating, family, career, and much more by cleverly weaving them all together, while demonstrating how we're all at the mercy of the only constant in life, which is...CHANGE.
This performance which is sponsored in part by Us Helping Us, People Into Living, also takes place on National HIV Testing Day and is being presented to encourage everyone to get tested, to know their HIV status, and to empower them to make wise, informed choices about their sexual health through HIV/AIDS education and prevention.
"Subject To CHANGE..." features all new, original theatrical works written & directed by playwrights - Thembi Duncan, Jared Shamberger, Alan Sharpe, & BSC founder, Monte J. Wolfe.
For more info, and details about purchasing discounted tickets for groups of 10 or more, please contact: wearebravesouls@gmail.com. Advance tickets are available by visiting: PURCHASE TICKETS & will also be sold at the door, on the night of the event while supplies last. Space is extremely limited. For mature audiences only.
©2006 Bravesoulcollective.org. All rights reserved. Site by Phattygirl.com


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MAGSAYSAY MARITIME CORPORATION, PRINCESS CRUISE LINES, LTD. AND/OR MR. EDUARDO U. MANESE, PETITIONERS, VS. VIRGILIO L. MAZAREDO, RESPONDENT.
DEL CASTILLO, J.:
Assailed in this Petition for Review on Certiorari[1] are: 1) the October 28, 2011 Decision[2] of the Court of Appeals (CA) in CA-G.R. SP No. 117748, which affirmed with modification the September 14, 2010 Decision[3] and October 29, 2010 Resolution[4] of the National Labor Relations Commission (NLRC) in NLRC LAC No. (OFW-M) 06-000439-10; and 2) the CA's March 28, 2012 Resolution[5] denying reconsideration of its assailed Decision.
Factual Antecedents
Respondent Virgilio L. Mazaredo has been working for petitioner manning agency Magsaysay Maritime Corporation (Magsaysay) since 1996. For his last employment contract, he was hired for Magsaysay's foreign principal and co-petitioner herein, Princess Cruise Lines, Limited (Princess Cruise). He was assigned as Upholsterer onboard the vessel MY "Tahitian Princess." His 10-month POEA[6] Standard Employment Contract[7] dated June 25,2008 stated among others that he was to receive a monthly salary of US$455.00.
Respondent was deployed on July 5, 2008.[8]
On February 4, 2009, while aboard M/V "Tahitian Princess," respondent experienced back pain. Upon examination by the ship's doctor Lana Strydom on March 12, 2009, the following diagnosis was issued: "a) uncontrolled hypertension on medication; b) probable previous silent inferior myocardial infarct; c) left ventricular hypertrophy; d) tachycardia (95-107); xxx f) needs CXR, Echo, Stress Test and Angiogram; g) needs cardiologist specialist consultation; h) needs another seafarer's fitness to work at sea medical before next contract x x x."[9]
On March 22,2009, respondent was medically repatriated and immediately referred to the company-designated physician. Respondent underwent a series of examinations[10] such as electrocardiogram (ECG), 2D Echo, and coronary arteriography.[11] On May 30, 2009, he was found to be suffering from "coronary artery disease, three-vessel involvement;" the recommendation was for him to undergo coronary artery bypass graft surgery (CABG[12]).[13]
On July 6, 2009, respondent underwent percutaneous coronary intervention[14] or angioplasty instead of the recommended bypass surgery. The angioplasty was a mere outpatient procedure.[15] Respondent underwent angioplasty instead of bypass surgery because he could not afford the latter procedure, as it was he who was paying for his treatment.[16] Petitioners did not provide medical and financial assistance after respondent's initial diagnosis.[17] It was respondent alone who chose the hospital and procedure for the treatment of his condition, with full consideration of the cost and expenses of treatment.[18]
In a July 6, 2009 Cardiac Catheterization Laboratory Report[19] issued after respondent's angioplasty, the attending physician recommended the administration of dual antiplatelets[20] and that medical care or management of respondent's condition should be "maximized."
On September 25, 2009, respondent sought the opinion of an independent physician, Dr. Efren R. Vicaldo (Dr. Vicaldo), who issued a Medical Certificate[21] declaring that respondent is unfit to resume work as seaman in any capacity; that he requires maintenance medication to control his hypertension to prevent cardiovascular complications such as worsening coronary artery disease, stroke and renal insufficiency; and that respondent is not expected to land gainful employment given his medical background.
Ruling of the Labor Arbiter
Prior to Dr. Vicaldo's assessment, or on July 27, 2009, respondent filed a Complaint[22] against Magsaysay, Princess Cruise, and their co-petitioner Eduardo U. Manese (Manese) - Magsaysay Owner/President/General Manager - for recovery of permanent total disability and sickness benefits, reimbursement of medical and other expenses, moral and exemplary damages, and attorney's fees, which was docketed in the NLRC, National Capital Region, Quezon City as NLRC NCR Case No. OFW (M)-07-10662-09.
In his Position Paper,[23] Reply,[24] and Rejoinder,[25] respondent claimed that petitioners acted in bad faith in refusing to provide medical and financial assistance to address his heart condition, which he claimed was contracted during his employment with the latter; that he has been rendered and declared permanently and totally disabled, which thus entitled him to the maximum corresponding benefits; that petitioners unjustly refused to indemnity him, which further entitled him to actual, moral and exemplary damages, and attorney's fees for being compelled to litigate; and that in addition, he was entitled to indemnity under an International Transport Federation Collective Bargaining Agreement (ITF-CBA). Thus, respondent prayed that he be paid US$80,000.00 as permanent disability compensation; US$2,275.00 sickness compensation; P463,240.31 as reimbursement for medical expenses incurred; P16,700.00 as reimbursement for transportation expenses; P600,000.00 combined moral and exemplary damages; and 10% attorney's fees.
In their joint Position Paper,[26] Reply,[27] and Rejoinder,[28] petitioners argued that respondent boarded M/V "Tahitian Princess" on June 17, 2007 and disembarked upon completion of his contract on March 9, 2008, which meant that he completed his contract prior to contracting of his illness; that respondent's illness is not work-related as declared by the company-designated physician in a Medical Report[29] dated March 27, 2009, which thus justified their denial of respondent's disability claim; that despite such finding, they continued with respondent's treatment and shouldered all the medical expenses he incurred; that the company-designated physician's March 27, 2009 assessment should prevail in deciding respondent's case; that the supposed ITF-CBA is inapplicable in this case, since respondent's illness was not title result of an accident - a pre-condition under said ITF-CBA; and that respondent is not entitled to his other claims since they have fulfilled their contractual obligations in good faith, which thus leaves respondent without a valid cause of action. They prayed for the dismissal of respondent's Complaint and recovery, by way of counterclaim, of P500,000.00 as and for attorney's fees and litigation expenses.
On April 20, 2010, the Labor Arbiter rendered a Decision[30] dismissing the respondent's Complaint for lack of merit, stating thus:
Is complainant entitled to permanent disability compensation in the amount of US$80,000.00?
Is complainant entitled to reimbursement of full medical cost for treatment of illness, sick wages for "130 days"?
Is he entitled to moral and exemplary damages plus attorney's fees?
Before these issues are resolved, this Arbitration branch takes note that in Respondents'[31] Position Paper, Annex "3", which is alleged as the Medical Report dated 27 March 2009 of the company-designated physician, is not attached thereto.
Be that as it may, it appears on the records that on March 12, 2009, Dr. Lana Strydom, in the Medical Referral Letter, diagnosed complainant and requested/recommended that complainant needs to be treated with the following:
"1. CXR, Echo, Stress Test and Angiogram
2. Cardiologist Specialist consultation
3. Repeat Monitoring of U & E
4. Needs another seafarer's fitness to work at sea medical before next contract."
Unfortunately, as earlier mentioned, the alleged Medical Report dated March 27, 2009 of the company-designated physician is not on record. Although this is not attached, the complainant nonetheless admits that upon his arrival in the Philippines on March 22, 2009, he underwent a series of medical examinations by the company-designated physician. But he himself did not submit any document on the results of those tests.
The complainant however submitted a document dated May 30, 2009 executed by his own independent doctor, Eduardo T. Buan, Angiographer of the Invasive Cardiology Division, Philippine Heart Center. He also submitted a Cardiac Catheterization Laboratory Report dated July 6, 2009 issued by Drs. Dee/Delos Reyes/Albacite/Regamit with these recommendations: "Dual Antiplatelets, Maxize [sic] Medical management".
A careful scrutiny of complainant's Annexes "E-l" and "E-2" (CPP) bear no date when they were issued by the Philippine General Hospital. They however state complainant's "Condition on Discharge - Improved, Ambulatory".
It is noted that this complaint was filed on July 27,2009. On September 25, 2009, or about two (2) months thereafter, Dr. Efren R. Vicaldo, in his Medical Certificate, states that complainant was confined September 25, 2009 with the following diagnosis:
"Hypertensive cardiovascular disease Coronary artery disease S/P percutaneous coronary intervention"
And in Dr. Vicaldo's Medical Evaluation of Patient/Seaman dated September 2009, he did not state any Grading for which complainant should be compensated/ entitled. Besides, complainant consulted the said doctor just once.
The ruling in the case of Crystal Shipping, Inc. vs. Natividad (Supra) does not apply in this case. In that case, the company-designated physician and the respondent physician, although they differ in their assessment of the degree of respondent's disability, both found that respondent was unfit for sea-duty. In the present case, the facts differ. Neither is the ruling on the case of HFS Philippines, Inc. et al. vs. Ronaldo R. Pilar applicable herein for the same reason - the facts differ in these cases.
It is also noted that complainant went to seek the medical opinion of Dr. Vicaldo after he had filed this case and after the lapse of One Hundred Twenty (120) days.
Much as this Labor tribunal looks tenderly on the laborer, there are legal parameters that limit our resolution on cases of this nature. There are rulings favoring the seafarer; there are also those not in their favor. The particular facts of the case and the evidence adduced by the parties had always been the bases for the High Court's decisions. This Arbitration Branch can only apply those which We deem fall squarely on the base at bar.
One last note: The respondents are hereby admonished to carefully go over the evidence they present or inadvertently fail to attach.
WHEREFORE, in the light of the foregoing, judgment is hereby rendered DISMISSING this complaint for lack of merit.
All other claims herein sought and prayed for are hereby denied for lack of legal and factual bases.
SO ORDERED.[32]
Ruling of the National Labor Relations Commission
Respondent interposed an appeal[33] before the NLRC, which was docketed as NLRC LAC No. (OFW-M) 06-000439-10. On September 14, 2010, the NLRC issued its Decision[34] containing the following pronouncement:
Hence, this appeal anchored on serious errors and grave abuse of discretion committed by the Labor Arbiter in dismissing the complaint, with the complainant[35] asserting that the diagnosed illnesses that caused the death [sic] of the seafarer are listed as occupational illnesses under the POEA Standard Employment Contract, and therefore compensable.
The appeal is impressed with merit.
It must be clarified at the outset that while respondents[36] have argued that complainant was on finished contract, having embarked in June 2007, this contention is belied by the POEA-approved contract clearly showing that complainant's last contract on board the vessel "TAHITIAN PRINCESS" was for a period of ten months commencing on July 8, 2008 or the date of his departure. That complainant was medically repatriated on March 22, 2009 or two months short of the 10-month contract duration is not disputed, and as such the reasonable presumption is that complainant's contract had not expired or [was not] completed, as claimed by respondents.
Proceeding to the primary issue in this appeal, we find that complainant's allegation notwithstanding, it is the provisions of the POEA Standard Employment Contract that would have to be applied. The contention that the claim for disability compensation should be based on the provisions of the CBA which provides higher benefits is untenable as it is unequivocally stated in the CBA that disability compensation under said Agreement is conditioned upon a finding that the injury is due to an accident. In this case, complainant was repatriated due to illness, thereby excluding the coverage of his claim under the CBA.
Under Section 20.B of the POEA Standard Employment Contract, the employer is liable for payment of disability compensation arising from work-related illness/injury sustained or contracted during the period of the seafarer's employment. Section 32-A of the same Contract enumerates what are deemed occupational illnesses, whereas Section 20.D specifically states that illnesses not listed are disputably presumed to be work-connected.
Complainant in this case was discharged from his assigned vessel when he was found to be suffering from uncontrollable hypertension, with specific requirement for cardiac consultation and related laboratory examinations. Upon arrival it is not disputed that complainant underwent angioplasty and was assessed by his physician to be suffering from hypertensive cardiovascular disease and coronary artery disease and determined to be unfit to resume employment as seafarer in any capacity whatsoever.
Respondents' defense is predicated on the claim that complainant's illness is not work-related.
This argument is bereft of merit.
Complainant's diagnosed illness is listed under Section 32-A of the POEA Standard Employment Contract and therefore compensable. It is to be noted that as against the medical certificates submitted by the complainant, respondents' claim of non-work connection is anchored on a purported certification issued by the company-designated physician which, as found by the Labor Arbiter, was not attached to the respondents' Position Paper.
Be that as it may, the fact that the illness is listed as an occupational disease is sufficient to overcome the respondents' unsubstantiated allegation of the illness' absence of work causality.
As to the argument that it is the assessment of the company[-designated] physician that should be upheld, the Supreme Court in Maunlad Transport Inc., et al. vs. Manigo (G.R. No. 161416, June 13, 2008) x x x reconciled its rulings on the same issue and declared that the seaman does not automatically bind himself to the medical report of the company-designated physician and that neither are the labor tribunals and courts bound by the medical report, the inherent merit of which will be weighed and duly considered. It was further decreed that the seaman may dispute the medical report issued by the company-designated physician by seasonably consulting another physician, which will be evaluated by the labor tribunal and the courts based on its inherent merits.
Thus, as between the respondents' unsubstantiated declaration that complainant's illness is not work-related, and the complainant's medical certificates detailing the extent and nature of his condition, the latter must be upheld as reflective of the complainant's medical status, and resulting incapacity. Likewise, it must [also be] emphasized that complainant had been continuously a seafarer for more than twelve (12) years with the respondents and as such his work must have at least contributed and aggravated his illness which resulted in his incapacity.
The fact that complainant's condition may have improved, or that he is ambulatory, as found by the Labor Arbiter will not militate against complainant's entitlement to disability compensation. What is important is that the complainant's medical condition [from] which he suffered during his employment and while in the performance of his duties has rendered him incapacitated to perform his usual job.
In Seagull Maritime Corp. et al. vs. Jaycee Dee et al., (G.R. No. 165156, April 2, 2001) the Supreme Court decreed that disability should not be understood solely on its medical significance, but also on the real and actual effects of the injury [on] the claimant's right and opportunity to perform work and earn a living. The test to determine its gravity is the impairment or loss of one's capacity to earn and not its mere significance. Permanent total disability means disablement of the employee to earn wages in the same kind of work or work of similar nature [- that for which] he was trained for or accustomed to perform, or any kind of work which a person of his mentality and attainment can do.
Complainant is therefore entitled to the maximum disability compensation of US$60,000.00.
In addition, complainant is entitled to sickness wages corresponding to the remaining period of his ten[-]month contract. While the POEA Standard Employment Contract provides a maximum period of 120 days sickness wage [benefit] (130 days under the CBA) complainant is not entitled to the entire covered period considering that there was less than three (3) months left of his contract. Given the nature of sickness wages, which are intended to compensate the seafarer while he is ailing during the period of his contract, it goes without saying that his entitlement should be limited to one month and thirteen days or 43 days equivalent to US$652.16.00 [sic].
Likewise, complainant is entitled 'to reimbursement [for] medical expenses as duly proven, considering that it is the obligation of the respondents to provide medical attendance to the complainant.
The claims for moral and exemplary damages are denied, but complainant is nonetheless entitled to ten percent of the monetary award as and for attorney's fees, having secured legal representation to pursue his valid claims.
WHEREFORE, premises considered, the decision dated April 20, 2010 is VACATED and SET ASIDE. Respondents are ordered to pay complainant jointly and severally the Philippine peso equivalent at the time of actual payment of US$60,000.00 representing permanent disability benefits and US$652.16.00 [sic] representing sickness wages, [P]463,240.31 representing reimbursement of duly proven medical expenses, and ten percent (10%) thereof as and for attorney's fees.
Petitioners filed a Motion for Reconsideration,[38] insisting that respondent's illness is not work-related; that the company-designated physician's assessment prevails; that respondent's illness is not a Grade 1 disability; and that consequently, he is not entitled to sickness allowance and attorney's fees. However, in a Resolution dated October 29,2010, the NLRC held its ground.[39]
In a Petition for Certiorari[40] filed with the CA and docketed therein as CA-G.R. SP No. 117748, petitioners sought to set aside the NLRC dispositions, reiterating their arguments that respondent's disability was not work-related; that he disembarked from the vessel due to a finished and completed employment contract, and not his illness; and that the NLRC committed grave abuse of discretion in granting the awards. Petitioners also sought injunctive relief.
On October 28, 2011, the CA issued the herein assailed Decision containing the following pronouncement:
Petitioners assert that private respondent is [a] contractual employee, thus, when the contract expired upon private respondent's return, the term contract has terminated. As such, any claims he may have under such a contract has also terminated.
We disagree.
Section 18 (B) (1) of the POEA SEC provides:
" x x x x x x x x x
B. The employment of the seafarer is also terminated when the seafarer arrives at the point of hire for any of the following reasons:
(1) when the seafarer signs-off and is disembarked for medical reasons pursuant to Section 20 (b) (5) of this Contract.
x x x x x x x x x "
Section 20 (B) (5) of the same contract also states that upon the seafarer's sign-off from the vessel for medical treatment, the employer shall bear the full cost of repatriations in the even[t] the seafarer is declared fit for repatriation. True, private respondent signed-off and disembarked for medical reasons but this [is] not tantamount to the denial of the private respondent's right to claim any disability benefits under the POEA SEC.
It bears stressing that seafarers are contractual employees. Their employment is governed by the contracts they sign and are fixed for a period of time. Their entitlement to disability benefits is a matter governed, not only by medical findings but also by contract. By contract means the Employment Contract and POEA Standard Employment Contract (POEA SEC), x x x
Petitioners posit that the opinion of the company-designated physician is the best and most reliable source of information as to the private respondent's state of health. The declaration that private respondent's illness is not work-related should not only be given great weight in determining disability benefits but also be considered as conclusive.
Any dispute as to private respondent's claim and state of health could have been easily resolved had the parties observed the provisions of the POEA SEC. However, the parties did not jointly choose a third doctor to assess private respondent's condition. We are therefore constrained to make a ruling based on the evidence already submitted by the parties and made part of the records of the case, including the medical certification of private respondent secured from this [sic] attending physicians.
It is undisputed that private respondent submitted himself to the treatment and medical evaluation of company-designated physician, Dr. Robert Lim. It has also been established that private respondent was found to be suffering from a heart ailment. The problem arose when he was diagnosed with hypertensive cardiovascular disease and the company-designated physician opined that his illness is not work-related and found to be generic in origin.
On the other hand, private respondent's own physician declares that the illness suffered by him is work-related/work-aggravated. True, it is the company-designated physician who is entrusted with the task of assessing the seaman's disability under the POEA SEC. Nonetheless, private respondent also had the right to seek medical treatment other than [from] the company-designated physician. A claimant may dispute the company-designated physician's report by seasonably consulting another doctor. In such a case, the medical report issued by the latter shall be evaluated by the labor tribunal and the court, based on its inherent merit.[41] The records indicate that when private respondent was given medical attention at the Philippine General Hospital, he consistently complained of back pains as shown in the Clinical Abstract and Discharge Summary. Thereafter, he was finally diagnosed with "ISCHEMIC HEART DISEASE; CORONARY ARTERY DISEASE, 3 VESSEL CAD." We also note that Dr. Efren Vicaldo is a Cardiologist at the Philippine Heart Center. Therefore, Dr. Vicaldo's diagnosis and assessment should be given credence.
Thus, We see no reason to disturb the NLRC's findings and conclusion on this point xxx
The POEA SEC provides a Schedule of Disability or Impediment for Injuries Suffered and Diseases Including Occupational Diseases or Illness Contracted. Here, private respondent has been diagnosed to be suffering from the "Hypertensive Cardiovascular Disease, Coronary Artery Disease; S/P percutaneous coronary intervention." Cardiovascular diseases are classes of diseases that involve the heart and blood vessels (arteries and veins). The term cardiovascular diseases must be understood not only in its generic form but also in its plural sense, x x x
Corollarily, cardiovascular disease is listed as an occupational disease under the POEA SEC. xxx
It is sufficient that the foregoing elements be established by substantial evidence or such relevant evidence as a reasonable mind to accept [sic] as adequate to justify a conclusion. In this case, private respondent's medical history and condition was well-documented. When private respondent consulted the ship doctor, [Dr.] Lana Strydom, he had been complaining of back pain post lifting and bending and was diagnosed of Mechanical Lower Back Pain with Muscle Spasm. He then had a blood pressure of 177/119. After being repatriated xxx, Dr. Eduardo Buan found that private respondent was suffering [from] Coronary Artery Disease, Three-Vesel Involvement. Thereafter, private respondent underwent Percutaneous Transcoronary Angioplasty at the Philippine General Hospital. Obviously, these signs and symptoms did not develop overnight.
The significance of the Medical Referral Letter, Clinical Abstract and Discharge Summary cannot be overemphasized. They confirmed that private respondent began to experience the signs and symptoms of hypertensive cardiovascular disease such as back pains and fatigue which persisted when subjected to stress at work until he underwent angioplasty. It is undisputed that private respondent was deployed with petitioners for more than twelve (12) years. Given the arduous nature of his job, it must have at least aggravated any pre-existing condition he might have had. Clearly, there is substantial evidence to support the reasonable connection between private respondent's work and development and exacerbation of his heart ailment.
As to the award of sickness allowance, we find it to be warranted by the undisputed fact on record that private respondent's basic salary is US$ 455.00 per month. However, we modify that amount. Private respondent has a right to receive the sickness allowance for 120 days pursuant to Section 20 (B) (3) of the POEA SEC and not 43 days as found by the NLRC. Multiplying the 120-day sickness allowance due to private respondent on the basis of the correct monthly rate of US$455.00, he should be awarded US$1,820.00 as sickness allowance.
As to the reimbursement of medical expenses, we will likewise modify this award. The records reveal that only the amount of P104,955.31 are duly supported by official receipts.
As to the award of attorney's fees, the same is justified, as private respondent actually hired the services of a lawyer to vindicate his right to claim his disability benefits. Attorney's fees is [sic] recoverable when the defendant's act or omission has compelled the plaintiff to incur expenses to protect his interest. The attorney's fees awarded by the NLRC shall be maintained but must reflect the modified amount of the sickness allowance and reimbursement of medical expenses.
With respect to petitioners' application for provisional remedies, there is no need to pass upon it as it has been rendered moot and fait accompli by this decision.
WHEREFORE, premises considered, this petition is DISMISSED. The assailed Decision dated September 14, 2010 and Resolution dated October 29, 2010 of the NLRC is [sic] AFFIRMED with MODIFICATION. Petitioners are hereby ORDERED to jointly and severally pay private respondent Virgilio Mazaredo the following: (1) permanent disability compensation in the amount of US$60,000.00; (2) sickness allowance in the amount US$1,820.00; (3) reimbursement of medical expenses in the amount of PI04,955.31; and (4) attorney's fees equivalent to ten percent (10%) of the total monetary award.
Petitioners filed a Motion for Reconsideration,[43] but the CA denied the same in its March 28, 2012 Resolution. Hence, the present Petition.
Petitioners submit the following issues for resolution:
Whether x x x the Court of Appeals' decision in awarding private respondent US$60,000.00 as disability benefits is in accord with law or the applicable decisions of this Honorable Court despite the fact that private respondent disembarked from the vessel due to a finished contract and the alleged cause of the seafarer's disability is not work-related.
Whether x x x the Court of Appeals' decision in awarding private respondent sickness allowance, medical reimbursement and attorney's fees is in accord with law or the applicable decisions of this Honorable Court considering that private respondent has provided no basis for such claims.
Whether x x x the Court of Appeals' decision is in accord with law or the applicable decisions of this Honorable Court considering that the findings of fact and legal conclusions both [sic] the Labor Arbiter and the NLRC are completely different from its questioned Decision and Resolution.[44]
Petitioners' Arguments
Praying that the assailed CA pronouncements be set aside and that a new judgment be rendered dismissing NLRC NCR Case No. OFW (M)-07-10662-09, petitioners insist in their Petition and Reply[45] that respondent has no right to any disability benefits since his employment contract expired before he contracted his illness; that his illness is not work-connected; that hypertensive cardiovascular disease is not compensable as it is not a work-connected illness under the POEA SEC; that the company-designated physician already made a prior categorical assessment, contained in a March 22, 2009 Medical Report, that respondent's illness was not work-related and thus not compensable; that the company-designated physician's assessment - not that of respondent's appointed doctor, Dr. Vicaldo's - should be given credence; and that resultantly, the CA committed grave abuse of discretion in awarding disability benefits, damages, and attorney's fees to respondent.
Respondent's Arguments
In his Comment,[46] respondent counters that the assailed Decision of the appellate court is duly supported by the evidence adduced; that his condition -hypertensive cardiovascular disease or coronary artery disease - was contracted during his employment with petitioners; that his work contributed to the development of his condition and deterioration of his health; that cardiovascular disease is listed as a compensable illness under the POEA SEC; that he is entitled to permanent and total disability benefits as he has been unable to work even up to the present as a result of his illness which prevents him from obtaining gainful employment; and that the POEA SEC is a contract of adhesion that should be construed liberally in his favor, and strictly against petitioners.
The Court denies the Petition.
Respondent's POEA SEC
Petitioners insist that respondent's employment contract expired before he contracted his illness; however, the evidence clearly belies such claim. His 10-month POEA SEC was dated June 5, 2008; he was deployed on July 5, 2008, and repatriated on March 22, 2009 - or sometime during the ninth or tenth month of his POEA SEC. Petitioners seem to base their argument on respondent's previous contract, and not the current one in issue.
Compensability
On the issue of compensability, there is no question that respondent's condition — "coronary artery disease, three-vessel involvement" — is a covered illness. It has consistently been held that cardiovascular disease, coronary artery disease, as well as other heart ailments, are compensable.[47] It likewise remains undisputed that given his 12 years of employment with petitioners and the conditions he was subjected to as a seafarer, respondent's illness can be attributed to his work. As correctly held by the CA, there is a reasonable connection between respondent's work and the development and exacerbation of his heart ailment. During his employment as seafarer, respondent was consistently exposed to varying temperatures and harsh weather conditions as the ship crossed ocean boundaries, and he may have been required to perform overtime work. Indeed, "any kind of work or labor produces stress and strain normally resulting in wear and tear of the human body."[48] Moreover, as seafarer, respondent was constantly plagued by homesickness and emotional strain as he is separated from his family, even as he had to contend with the perils of the sea while at work.[49]
Company-designated physician's Assessment
Under Article 192 (c)(l) of the Labor Code[50] and Rule X, Section 2 of the Amended Rules on Employees Compensation,[51] the company-designated physician must arrive at a definite assessment of the seafarer's fitness to work or permanent disability within the period of 120 or 240 days; if he fails to do so and the seaman's medical condition remains unresolved, the latter shall be deemed totally and permanently disabled.
Respondent was repatriated on March 22, 2009 and was examined and treated by the company-designated physician. On May 30, 2009, he was found to be suffering from "coronary artery disease, three-vessel involvement," and recommended to undergo CABG, or bypass surgery. However, instead of the recommended bypass surgery, respondent underwent percutaneous coronary intervention or angioplasty - an outpatient procedure - on July 6, 2009, because he did not have the resources to pay for the more expensive bypass surgery. On July 6, 2009, the company-designated physician issued a Cardiac Catheterization Laboratory Report recommending the administration of dual antiplatelets; he likewise stated that the medical management of respondent's condition should be "maximized." Thereafter, it appears mat respondent's treatment was discontinued, and no assessment of respondent's fitness to work or disability was made. Indeed, up to this stage of the proceedings, there is no such declaration of fitness or disability issued by the company-designated physician.
Petitioners argue that there is a March 27, 2009 Medical Report issued by the company-designated physician which declared that respondent's condition was not work-connected and not compensable. However, the record of the case is bereft of such report. On the contrary, the last medical report issued by the company-designated physician on July 6, 2009 indicates that respondent's condition has not been resolved; he has not been cured, and instead, the attending physician recommended that medical management of respondent's condition should be maximized, meaning that his treatment must continue and the medical care to be given to him must be augmented.
Respondent's condition remains unresolved even up to this day, and petitioners did not renew his contract; nor was respondent able to work for other employers on account of his condition. Thus, applying the doctrine enunciated in Magsaysay Mitsui OSK Marine, Inc. v. Bengson[52] and Alpha Ship Management Corporation v. Cab[53] - that an employee's disability becomes permanent and total when so declared by the company-designated physician, or, in case of absence of such a declaration either of fitness or permanent total disability, upon the lapse of the statutory 120- or 240-day treatment period, while the employee's disability continues and he is unable to engage in gainful employment during such period, and the company-designated physician fails to arrive at a definite assessment of the employee's fitness or disability - respondent is thus deemed totally and permanently disabled and entitled to the corresponding benefit under the POEA SEC in the amount US$60,000.00.
The assessment of Dr. Vicaldo, an independent physician consulted by respondent, is irrelevant in this case. At most, it merely corroborates the findings of the company-designated physician; what prevails is the opinion of the latter, particularly the July 6, 2009 medical report recommending continued treatment and management of respondent's condition.
Pecuniary Awards
On the matter of pecuniary awards, the Court finds no reason to disturb the pronouncement of the CA in this regard. In the exercise of its power of review, the findings of fact of the CA are conclusive and binding on this Court; it is not the latter's function to analyze or weigh evidence all over again.
Deceitful Conduct
Finally, this Court has not failed to notice how petitioners' counsels of record, Attorneys Herbert A. Tria and Jerome T. Pampolina, repeatedly attempted - all throughout the proceedings of this case, or for a period of six years - to deceive and mislead the Labor Arbiter, the NLRC, the CA, and this Court, into believing that a favorable March 27, 2009 "Medical Report" of petitioners' company-designated physician exists which supposedly shows that respondent's condition was not work-connected and not compensable, when in fact there is none. Indeed, the CA was duped, and it fell for Tria and Pampolina's scheme. This Court has taken pains to review in earnest - again and again - the record, in order to locate and determine what the March 27, 2009 medical report contained, but it could not be found. Yet in their pleadings filed before this Court, Atrys. Tria and Pampolina continued to refer to the document.[54] Instead, it appears that in truth and in fact, there is no such document: from the start, the Labor Arbiter already noted its absence; in fact, the Labor Arbiter even admonished respondents to "carefully go over the evidence they present or inadvertently fail to attach."[55] But just the same, the CA was deceived to the point of declaring that respondent "was diagnosed with hypertensive cardiovascular disease and the company-designated physician opined that his illness is not work-related and found to be generic in origin"[56] when no such medical opinion exists on record. It would appear, therefore, that such "medical report" was contrived in order to satisfy the legal requirement that the company-designated physician must make a definitive assessment of the employee's fitness to work in order to justify a denial of disability benefits.
The Code of Professional Responsibility provides that "[a] lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct" (Rule 1.01); he "shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause" (Rule 1.03); he "shall not do any falsehood, nor consent to the doing of any in Court, nor shall he mislead, or allow the Court to be misled by any artifice" (Rule 10.01); and he "shall not knowingly x x x assert as a fact that which has not been proved" (Rule 10.02).
Let this serve as a warning to Attys. Tria and Pampolina. Another transgression shall warrant the initiation of proceedings for their disbarment. Suffice it to state that lawyers should not transcend the bounds of propriety and commit a travesty before this Court by willfully, intentionally and deliberately resorting to falsehood and deception in handling their client's case in order to misguide, obstruct and impede the proper administration of justice.
WHEREFORE, the Petition is DENIED. The assailed October 28, 2011 Decision and March 28, 2012 Resolution of the Court of Appeals in CA-G.R. SP No. 117748 are AFFIRMED, with the MODIFICATION that in addition to the adjudged amounts of P104,955.31 as reimbursement for medical expenses and attorney's fees equivalent to 10 per cent (10%) of the total monetary award, the awarded sums of US$60,000.00 representing permanent total disability compensation and US$1,820.00 representing sickness allowance shall be paid by the petitioners to the respondent in Philippine pesos, computed at the exchange rate prevailing at the time of payment.
Attorneys Herbert A. Tria and Jerome T. Pampolina are STERNLY WARNED for their unethical conduct. A repetition of these acts shall be dealt with more severely.
Carpio, (Chairperson), Velasco, Jr.,* Peralta,** and Leonen, JJ., concur.
* Per Special Order No. 2215 dated September 22,2015.
** Per Special Order No. 2170 dated September 10,2015.
[2] Id. at 86-102; penned by Associate Justice Ramon A. Cruz and concurred in by Associate Justices Jose C. Reyes, Jr. and Ramon M, Bato, Jr.
[3] CA rollo, pp. 88-96; penned by Commissioner Pablo C. Espiritu. Jr and concurred in by Presiding Commissioner Alex A. Lopez and Commissioner Gregorio O. Bilog III.
[5] Rollo, pp. 135-136.
[6] Philippine Overseas Employment Administration.
[9] Id. at 265-267; Medical Referral Letter dated March 12, 2009.
[10] Id. at 243, respondent's Position Paper.
[11] Id. at 243,275.
[12] Coronary artery bypass grafting (CABG) is a type of surgery that improves blood flow to the heart.
Surgeons use CABG to treat people who have severe coronary heart disease (CHD).
CHD is a disease in which a waxy substance called plaque (plak) builds up inside the coronary arteries. These arteries supply oxygen-rich blood to your heart.
Over time, plaque can harden or rupture (break open). Hardened plaque narrows the coronary arteries and reduces the flow of oxygen-rich blood to the heart. This can cause chest pain or discomfort called angina (an-JI-nuh or AN-juh-nuh).
If the plaque ruptures, a blood clot can form on its surface. A large blood clot can mostly or completely block blood flow through a coronary artery. This is the most common cause of a heart attack. Over time, ruptured plaque also hardens and narrows the coronary arteries.
CABG is one treatment for CHD. During CABG, a healthy artery or vein from the body is connected, or grafted, to the blocked coronary artery. The grafted artery or vein bypasses (that is, goes around) the blocked portion of the coronary artery. This creates a new path for oxygen-rich blood to flow to the heart muscle.
Surgeons can bypass multiple coronary arteries during one surgery. http://www.nhlbi.nih.gov/health/health-topics/topics/cabg
Accessed July 22, 2015 from the National Heart, Lung, and Blood Institute (NHLBI), National Institute of Health (NIH), Department of Health and Human Services of the Government of the United States of America.
[14] Percutaneous (per-ku-TA-ne-us) coronary intervention (PCI), commonly known as coronary angioplasty (AN-jee-oh-plas-tee) or simply angioplasty, is a non-surgical procedure used to open narrow or blocked coronary (heart) arteries. Percutaneous means "through the skin." The procedure is done by inserting a thin flexible tube (catheter) through the skin in the upper thigh or arm in the artery. The procedure restores blood flow to the heart muscle.
PCI can restore blood flow to the heart. During the procedure, a thin, flexible catheter (tube) with a balloon at its tip is threaded through a blood vessel to the affected artery. Once in place, the balloon is inflated to compress the plaque against the artery wall. This restores blood flow through the artery.
Doctors may use the procedure to improve symptoms of CHD, such as angina. The procedure also can reduce heart muscle damage caused by a heart attack. http://www.nhlbi.nih.gov/health/health-topics/lopics/angioplasty
Accessed July 22, 2015 from the National Heart, Lung, and Blood Institute (NHLBI), National Institute of Health (NTH), Department of Health and Human Services of the Government of the United States of America.
[16] Id. at 192-193,296-298, 301-304.
[20] Anticoagulants are drugs used to prevent clot formation or to prevent a clot that has formed from enlarging. They inhibit clot formation by blocking the action of clotting factors or platelets. Anticoagulant drugs fall into three categories: inhibitors of clotting factor synthesis, inhibitors of thrombin and antiplatelet drugs. Definition of "Anticoagulant and Antiplatelet Drugs" at The Free Dictionary website http://medical-dictionary.thefreedictionary.com/Anticoagulant+and+Antiplatelet+Drugs
Accessed July 22, 2015
[29] There is no such report in the record of the case. See also Labor Arbiter's Decision stating that no such medical report was attached to the records. Id. at 136.
[30] Id. at 132-138; penned by Labor Arbiter Lutricia F. Quitevis-Alconcel.
[31] Petitioners herein.
[33] Id. at 97-130.
[35] Herein respondent.
[36] Herein petitioners.
[37] CA rollo, pp. 91-95.
[41] Citing HFS Philippines, Inc. v. Pilar, 603 Phil. 309 (2009).
[47] Fil-Pride Shipping Company, Inc. v. Balasta, G.R. No. 193047, March 3, 2014, 717 SCRA 624, citing Jebsens Maritime, Inc. v. Undag, 678 Phil. 938 (2011); Oriental Shipmanagement Co., Inc. v. Bastol, 636 Phil. 358 (2010); Iloreta v. Philippine Transmarine Carriers, Inc., 622 Phil. 832 (2009); Micronesia Resources v. Cantomayor, 552 Phil. 130 (2007); Remigio v. National Labor Relations Commission, 521 Phil. 330 (2006); and Heirs of the late Aniban v. National Labor Relations Commission, 347 Phil. 46 (1997), citing Tibulan v. Hon. Inciong, 257 Phil. 324 (1989); Cortes v. Employees' Compensation Commission, 175 Phil. 331 (1978); and Sepulveda v. Employees' Compensation Commission, 174 Phil. 242 (1978).
[48] Magsaysay Maritime Services v. Laurel, G.R. No. 195518, March 20 ,2013, 694 SCRA 225, 241-242.
[49] See Fil-Pride Shipping Company, Inc. v. Balasta, supra note 47 at 641.
[50] Art. 192. Permanent total disability. - x x x
(c) The following disabilities shall be deemed total and permanent:
(1) Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided for in the Rules;
[51] RULE X - Temporary Total Disability
Sec. 2. Period of entitlement. - (a) The income benefit shall be paid beginning on the first day of such disability. If caused by an injury or sickness it shall not be paid longer than 120 consecutive days except where such injury or sickness still requires medical attendance beyond 120 days but not to exceed 240 days from onset of disability in which case benefit for temporary total disability shall be paid. However, the System may declare the total and permanent status at anytime after 120 days of continuous temporary total disability as may be warranted by the degree of actual loss or impairment of physical or mental functions as determined by the System.
[52] G.R. No. 198528, October 13,2014.
[53] G.R. No. 192034, January 13,2014, 713 SCRA 119, 137-139.
[54] Id. at 41, 46, 51, 173,176.


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