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November 25, 2011     Post-Gazette
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November 25, 2011

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Page 10 POST-GAZETTE, NOVEMBER 25, 2011 David J. Saliba Attorney at Law If you contract with a company to do a job and it does not have workers compensation coverage for its workers, can you be liable for injuries to that company's employees? CHERYL D. WENTWORTH, adminiStratrix I and guardian, 2 VS. HENRY C. BECKER CUSTOM BUILDING LTD. i Of the estate of Timothy B. Wentworth. = Of Ezekiel Wentworth. SJC-10806 SUPREME JUDICIAL COURT OF MASSACHUSETTS 459 Mass. 768; 947 N.E.2d 571; April 5, 2011, Argued May 23, 2011, Filed In 2005, the defendant was the general contractor at a residential construction site in Newburyport. It hired a subcontractor, Great Green Barrier Co. (Great Green), to perform waterproofing work on the residence. An explo- sion at the site resulted in the death of Timothy B. Went- worth and serious injuries to Timothy's son, Ezekiel, both of'whom were Great Green employees. Great Green did not carry workers' compensation in- surance. In 2007, pursuant to G. L. c. 152,. 18, the defendant's insurer agreed to lump-sum settlements of Timothy and Ezekiel's work- ers' compensation claims. 51n 2006, the plaintiff had filed a complaint alleging that the defendant's "negli- gence, gross negligence and/or willful, wanton, or reckless conduct" resulted in Timothy's death and Ezekiel's injuries. The decedent's Estate even though it. received a lump- sum settlement sued the General Contractor for the deaths. The General Con- tractor said the decedent was not its employee and it wasn't responsible the Supreme Judicial Court de- cided the original contractor was responsible. The Court Said: Where an injured worker is an employee of an un- insured subcontractor, the insurance carrier of the general contractor that entered into a contract with that subcontractor is re- quired to pay the workers' compensation. "[T]he oft-de- clared purpose of is to pre- vent ... [an insured entity such as a general contrac- tor] from escaping the obli- gation of the compensation act by letting out part of [its] work to irresponsible sub- contractors or independent contractors." So if you have a company to put a new roof on your house, or a painting contrac- tor or a plumber or electri- cian make sure they carry workmen's compensation. If one of their workers get injured on the job they may come after you. DON'T LOSE SIGHT OF DIABETIC EYE DISEASE Thousands of American Adults are at Risk of Losing Their Vision as a Result of Complications from Diabetes vision loss and blindness. "The longer a person has diabetes, the greater his or her risk of developing diabetic eye disease," said Dr. Suber Huang, chair of the Diabetic Eye Disease Subcommittee for the Na- tional Eye Institute's {NEI) National-Eye Health Educa- tion Program. "If you have Diabetes affects nearly 26 million people in the United States. In addition, another 79 million people are esti- mated to have pre-diabetes, a condition that puts people at increased risk for diabe- tes. All people with diabetes, both type 1 and type 2, are at risk for diabetic eye disease, a leading cause of THE DANTE ALIGHIERI SOCIETY is pleased to invite you to a lecture by FRANCO MORMANDO (Boston College) who will present his newly published book BERNINI: HIS LIFE AND HIS ROME (University of Chicago Press, 2011), the first English.language biography of the Roman Baroque artist, Gian Lorenzo Bernini SATURDAY, DECEMBER 10, 2011, 5 pm 41 Hampshire Street, Cambridge, MA 02139 FREE AND OPEN TO THE PUBLIC Reception to follow ridge/ For further information: 617-876-5160 diabetes, be sure to have a comprehensive dilated eye exam at least once a year. Diabetic eye disease often has no early warning signs, but can be detected early and treated before noticeable vision loss occurs." Diabetic eye disease re- fers to a group of eye prob- lems that people with diabe- tes may face as a complica- tion of the disease and in- cludes diabetic retinopathy, cataract, and glaucoma. Dia- betic retinopathy, the most common diabetic eye dis- ease, is the leading cause of blindness in adults 20-74 years of age. According to NEI, 4.1 million people have diabetic eye disease and its prevalence is projected to increase to 7.2 million by 2020. While all people with dia- betes can develop diabetic eye disease, African Ameri-" cans, American Indians/ Alaska Natives, Hispanics/ Latinos, and older adults with diabetes are at higher risk of losing vision or going blind from it. All people with diabetes should have a dilated eye exam at least once a year to detect vision problems early. In fact, with early detection, timely laser surgery, and appropriate follow-up care, people with advanced diabetic retinopa- thy can reduce their risk of blindness by 90 percent. Clinical research, sup- ported in part by NEI, has shown that maintaining good control of blood sugar, blood pressure, and choles- terol can slow the develop- ment and progression of dia- betic eye disease. In addition to regular dilated eye exams, people with diabetes should do the following to keep their {Continued on Page 15) Fact reviewing the DIRTY GIRL- ORIGINAL MOTION PICTURE SOUNDTRACK Lakeshore Juno Temple is "Dirty Girl" in this comedy based in Norman, Oklahoma, circa 1987. Enhanced with a timely soundtrack of 14 cuts that sets the mood. Check out Pat Benatar's "Shadows of the Night," trailed by a host of Melissa Manchester tracks, "You Should Hear How She Talks About You," "Midnight Blue," "Still Myself," "Rain- bird" and "Don't Cry Out Loud." Additional tracks hav, "Delta Dawn" (Tanya Tucker), "I Want Candy" (Bow Wow Wow), the pretty "Only You" (Rita Coolidge), a home run from The Outfield via "Your Love," the rhythmic "Strut" from Sheena Easton and "the romantic "Lover Girl" by Teena Marie. "Wendy and Lisa contribute "The Life," and the finale is the touching "Whenever I Call You Friend" performed by Fyfe Dangerfield and Inara George. THE BEST OF ROCK AND ROLL HALL OF FAME + MUSEUM LIVE/(3-CD) Time-Life Time Life delves into the archives to cull a 51-track, 3-CO collection that in- cludes memorable perfor- mances from the past 26 years that the Rock and Roll Hall of Fame has honored music's most influential fig- ures. The highlight of the ceremonies occurred when artists jammed together for a once-in-a-lifetime perfor- mances, now available on this collection. The rock roy- alty work of Mick Jagger, Bruce Springsteen, U2, Paul McCarmey, The Who, ZZ Top, Cream, AC/DC, Billy Joel, Aerosmith and Fleetwood Mac. Along with Jimmy Page, Jeff Beck, AI Green, Chuck Berry, Crosby, Stills & Nash, Metallica, John Fogerty, The Allman Brothers Band, James Brown, Lynyrd Skyn- yrd, The Ronettes and many others are featured. Each disc is a specific sequence, Disc 1: All Day and All of the "Night, Disc 2: Sunshine of Your Love" and Disc 3: Sweet Emotion. A 'must have' memory for all! BRIAN WILSON - IN THE KEY OF DISNEY Disney Pearl Beach Boys legend Brian Wilson releases an album of eleven songs from Disney movies that should appeal especially to children. Utiliz- ing his arranging ability, Wilson recreates, without changing the lyrics and the melodies. Opening with Randy Newman's "You've Got a Friend in Me," he wastes little time laying out "The Bare Necessities," adding a laid back swing to "Baby Mine," plus the tasty "Kiss the Girl," then instills a funky sound to "Colors of the Wind," hitting the midpoint with the popular "Can You Feel the Love Tonight," music by Elton John. Second half has "We Belong Together" with a wall of sound, a pound- ax the rest ing beat welcomes "I Just Can't Wait to Be King," slow- ing it down for "Stay Awake," followed by the medley of "Heigh-Ho/Whistle While You Work/Yo-Ho (A Pirates Life for Me)," and finishes up with the classic "When You Wish Upon a .Star." Supert THE McCLYMONTS - WRAPPED UP GOOD BSM-Universal Born in New South Wales, The McClymonts ultimately enjoyed great success in Australia, where they scored "Best Group" accolades at the Country Music Awards of Australia in four of the past five years. Brooke, Samantha and Mollie McClymont make their mark in the U.S. with their (2011) second album, Wrapped Up Good, from which their first four singles, "Kick It Up," "Wrapped Up Good," "Hearts on Fire" and "A Women Is A Flame," all went to number one on the Australian Country charts. Enjoy their unique three- part harmonies on additional tracks as the pretty, "He Used to Love Me," the biting "Boy Who Cried Love," the plead- ing "Take It Back," and the sway of "Rock the Boat." Their success is further noted by the fact they've toured with Jason Aldean, worked with Lady Ante- bellum, and even shared a stage with Ozzie Osbourne. The soaring vocals continue with "I'm Not Done With You Just Yet," the confidence of "If You're Gonna Love Me" the latter being the only song on the album The McClymont's weren't involved in writ- ing. The girls wrap up their effort with "I Could Be a Cow- boy" and "Cannonball." The album's title track is cur- rently climbing U.S. charts. THE LANDRUS KALEIDOSCOPE - CAPSULE BlueLand Brian Landrus leads the quintet Kaleidoscope, provid- ing baritone saxophone, bass clarinet and bass flute. He is joined by Michael Cain (Rhodes, piano and electric bass); Nir Felder (guitar); Matthew Parish (acoustic bass), and Rudy Royston on drums. Landrus has local ties, having earned two Mas- ters Degrees in three years while attending the New England Conservatory. Cap- sule's eight-song collec- tion shines via the work of The Landrus Kaleidoscope's electro-acoustic sound, fea- turing soul-infused grooves, lyrical hooks and more. Pick your favorites from the free-flowing opener "Striped Phase," trailed by the breezy, reggae-flavored "Like the Wind," the bubbly "Beauty," and the tantalizing "I Prom- ise" hits the halfway mark. The energetic title cut con- tinues the second half, while "71 & On the Road" changes the mood, only to let the sun shine in again with the wide- open sound of "Wide Sky" tantalizes, putting the finish- ing touches on an excellent album with the sensuous sound of the ballad simply titled "Now."