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Expert # 13,652   Therrien And Dennis And Massachusetts Expert Yarmouth Port, MA
Consulting, forensic investigations: architecture, bldg construction, bldg. failures, const. & architectural contracts, documents,codes, ADA& handicapped access, professional negligance   
Therrien And Dennis And Massachusetts   Therrien And Dennis And Massachusetts Expert
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ADJUDICATION, MEDIATION / CONCILIATION

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision or judgment which determines rights and obligations between the parties involved.

Mediation, in a broad sense, comprises an act of bringing two states, sides or parties closer or together. This article discusses the communication sense of the term. Separate articles, cultural and biological, treat of other senses of mediation.

Mediation consists of a process of alternative dispute resolution in which a (generally) neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. More generally speaking, the term mediation covers any activity in which an impartial third party (often a professional) facilitates an agreement on any matter in the common interest of the parties involved.

Mediation applies to different fields, with some common peculiar elements and some differences for each of its specialties. The main fields of mediation include commerce, legal disputes and diplomacy, but forms of mediation appear in other fields as well. Mediation in marriage technically belongs in the category, although it has followed its own peculiar history since the times of ancient Greeks: compare marriage counselling.

ADMIRALTY / MARITIME

Admiralty law (usually referred to as simply admiralty and also referred to as maritime law or Law of the Sea) is a distinct body of law which governs maritime questions and offenses. Under conventions of international law, the flag flown by a ship generally determines the source of law to be applied in admiralty cases, regardless of which court has personal jurisdiction over the parties. This has led some ships to fly flags of convenience.

ARBITRATION / MEDIATION

Arbitration is a form of mediation or conciliation, where the mediating party is given power by the disputant parties to settle the dispute by making a finding. In practice arbitration is generally used as a substitute for judicial systems, particularly when the judicial processes are viewed as too slow, expensive or biased. Arbitration is also used by communities which lack formal law, as a substitute for formal law. Mediation consists of a process of alternative dispute resolution in which a (generally) neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. More generally speaking, the term "mediation" covers any activity in which an impartial third party (often a professional) facilitates an agreement on any matter in the common interest of the parties involved.

ASBESTOS

Asbestos (a misapplication of Latin: asbestos "quicklime" from Greek ἄσβεστος: a-, "not"; sbestos, "extinguishable") describes any of a group of fibrous metamorphic minerals of the hydrous magnesium silicate variety. The name is derived for its historical use in lamp wicks; the resistance of asbestos to fire has long been exploited for a variety of purposes. It was used in fabrics such as Egyptian burial cloths and Charlemagne's tablecloth, which, according to legend, he threw in a fire to clean. Asbestos occurs naturally in many forms (see below); it is mined from metamorphic deposits.

AUTOMOBILE ACCIDENT

Car accidents are damaging events involving road traffic, particularly automobiles. They can cause damage to vehicles, people or structures. Car accidents — also called traffic collisions, auto accidents, road accidents, personal injury collisions, motor vehicle accidents, and (particularly by American radio traffic reporters) crashes — kill an estimated 1.2 million people worldwide each year, and injure about forty times this number (WHO, 2004). The term "accident" is considered inappropriate by some, as reliable sources estimate that upwards of 90% are the result of driver negligence.

BIRTH INJURY

Occasionally during the birth process, the baby may suffer a physical injury that is simply the result of being born. This is sometimes called birth trauma or birth injury. 1 in 200 babies is born with some form of birth injury, and many of these cases may have been caused by medical negligence.

BUILDING CODE

A building code is a set of laws that specify how buildings should be constructed. This is generally considered the minimum acceptable level of safety for a new building in a jurisdiction. Building codes are generally intended to be applied by architects and engineers. There are often other codes or sections of the building code that have more prescriptive requirements that apply to housing (one and two family dwellings).

BUS ACCIDENT

A bus is a large, motorized, wheeled vehicle intended to carry numerous persons in addition to the driver. The name is a shortened version of omnibus, which means for everyone.

CANCER - GENERAL

Cancer is a class of diseases or disorders characterized by uncontrolled division of cells and the ability of these cells to invade other tissues, either by direct growth into adjacent tissue through invasion or by implantation into distant sites by metastasis. This unregulated growth is caused by damage to DNA, resulting in mutations to genes that encode for proteins controlling cell division. Many mutation events may be required to transform a normal cell into a malignant cell. These mutations can be caused by chemicals or physical agents called carcinogens, by close exposure to radioactive materials, or by certain viruses that can insert their DNA into the human genome. Mutations occur spontaneously, or are passed down generations as a result of germ line mutations.

CEREBRAL PALSY

Cerebral palsy

is a term used to describe a group of chronic conditions affecting body movements and muscle coordination. It is caused by damage to one or more specific areas of the brain, usually occurring during fetal development, or during infancy. It can also occur before, during or shortly following birth. "Cerebral" refers to the brain and "Palsy" to a disorder of movement or posture.

COMPRESSED NATURAL GAS - CNG

Compressed Natural Gas (CNG) is a substitute for gasoline (petrol) or diesel fuel. It is considered to be an environmentally "clean" alternative to those fuels. It is made by compressing purified natural gas, and is typically stored and distributed in hard containers.

CORRECTIONS

Corrections refer to one of the components of the criminal justice system. This includes halfway houses, parole programs, jails, prisons, and probation programs. In some countries, as well as in Western countries in the past, this also included judicially-ordered corporal punishment. Corrections is the process of trying to correct an individual so that they do not engage in criminal behavior.

DISCRIMINATION

To discriminate socially is to make a distinction between people on the basis of class or category without regard to individual merit. Examples include racial, religious, sexual, disability, ethnic and age-related discrimination. Some distinctions between people which are based just on individual merit (such as personal appearance) are not discriminatory.

D.O.T. / REGULATORY COMPLIANCE

The United States Department of Transportation (DOT) is a Cabinet department of the United States government concerned with transport. It was established by an act of Congress on October 15, 1966 and began operation on April 1, 1967. It is administered by the United States Secretary of Transportation.

DRAM SHOP

Dram shop or Dramshop is a legal term in the United States referring to a bar, tavern or the like where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid.

DUI - Driving Under Influence

Driving under the influence, drunk driving, or drink-driving, is the act of operating a motor vehicle (and sometimes a bicycle or similar human-powered vehicle) after having consumed alcohol (ethanol) or other drugs, to the degree that mental and motor skills are impaired. In addition to driving under the influence of alcohol and driving under the influence of other drugs, a third "DUI" offense consists of driving under the combined influence of alcohol and other drugs. The drugs causing or contributing to the impairment need not be illegal, but can consist of lawfully prescribed or over-the-counter medication. Anti-drunk-driving advertising campaigns have aimed to raise awareness of the legal situation and the dangers of driving while intoxicated. Drunk-driving is responsible for a very large number of deaths, injuries, damage and accidents every year.

DWI - Driving While Intoxicated

Drunk driving is the act of operating a motor vehicle under the influence of alcohol and/or drugs to the degree that mental and motor skills are impaired. It is illegal in all jurisdictions within the U.S.. The specific criminal offense is usually called driving under the influence [of alcohol and/or other drugs] (DUI), and in some states driving while intoxicated (DWI) or operating while impaired (OWI). Such laws may also apply to boating or piloting aircraft.

EDUCATION

Education is a social science that encompasses teaching and learning specific knowledge, beliefs, and skills. Licensed and practicing teachers in the field use a variety of methods and materials in order to impart a curriculum. There has been a plethora of journals, magazines, books, and digests in the field of education that addresses these areas. Such literature addresses the teaching practices, with subjects that include lectures, game playing, testing, scheduling, record keeping, bullying, seating arrangements, interests, motivation, and computer access. However, the most important factors in any teacher's effectiveness is the interaction with students and personality of the teacher. The quality of their relationships provides the impetus for inspiration. The best teachers are able to translate good judgment, experience, and wisdom into the art of communication that students find compelling. It is their ability to understand and overcome prejudices, generate passion, and recognize potential that enable teachers to invigorate students with higher expectations of themselves and society at large. The goal is aiding the growth of students so that they become productive members of a migratory society. An imparting of culture from generation to generation (see socialisation) promotes a greater awareness and responsiveness through social maturity to the needs of an increasingly diversified global society.

ELDER CARE / ABUSE

Elder abuse is a single or repeated act or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.

Elderly care or elder care is a broad term encompassing such services as assisted living, adult day care, long term care, nursing homes, hospice care, and Alzheimer's care.

EMERGENCY MANAGEMENT

Emergency preparedness is a set of doctrines to prepare civil society to cope with - or plan for - natural or man-made disasters. Emergency Operations or Disaster relief are the subset of these doctrines that are concerned with recovery efforts; these comprise the execution or implementation of the Emergency preparedness plans. This is usually a government policy adapted from civil defense to prepare for nonmilitary civil emergencies before they happen. Emergency management involves plans, structures and arrangements established to engage the normal endeavours of government, voluntary and private agencies in a comprehensive and coordinated way to respond to the whole spectrum of emergency needs. This is also known as disaster management

ENDODONTICS

Endodontics is a sub-specialty of dentistry, that deals with the tooth pulp or dentine complex. The most common procedure done in endodontics is root-canal therapy. The pulp (containing nerves, blood and lymph vessels) can become diseased or injured and thus is unable to repair itself. The pulp then dies and Endodontic treatment is required.

ESCALATOR

An escalator is a conveyor transport device for transporting people, consisting of a staircase whose steps move up or down on tracks that keep the surfaces of the individual steps horizontal. A moving walkway, moving sidewalk, travelator, or travellator is a slow conveyor belt that transports people horizontally or on an incline in a similar manner to an escalator. In both cases, riders can walk or stand. The walkways are often supplied in pairs, one for each direction.

FISHERIES

A fishery (plural: fisheries) is an organized effort by humans to catch fish or other aquatic species, an activity known as fishing. Generally, a fishery exists for the purpose of providing human food, although other aims are possible (such as sport or recreational fishing), or obtaining ornamental fish or fish products such as fish oil. Industrial fisheries are fisheries where the catch is not intended for direct human consumption (Castro and Huber 2003).

Regardless of purpose, however, the term fishery generally refers to a fishing effort centered on either a particular ecoregion or a particular species or type of fish or aquatic animal, and usually fisheries are differentiated by both criteria. Examples would be the salmon fishery of Alaska, the cod fishery off the Lofoten islands or the tuna fishery of the Eastern Pacific. Most fisheries are marine, rather than freshwater; most marine fisheries are based near the coast. This is not only because harvesting from relatively shallow waters is easier than in the open ocean, but also because fish are much more abundant near the coastal shelf, due to coastal upwelling and the abundance of nutrients available there.

GENERAL PRACTICE

A general practitioner (GP) or family physician (FP) is a physician/medical doctor who provides primary care. A GP/FP treats acute and chronic illnesses, provides preventive care and health education for all ages and both sexes. Some also care for hospitalized patients, do minor surgery and/or obstetrics. The term general practitioner is common in the United Kingdom, where the word "physician" is only used for certain specialists and not for GPs.

HEALTHCARE FINANCE & REIMBURSEMENT

Find HEALTHCARE FINANCE & REIMBURSEMENT experts and consultants for HEALTHCARE FINANCE & REIMBURSEMENT litigation support. Available to be HEALTHCARE FINANCE & REIMBURSEMENT expert witnesses and provide HEALTHCARE FINANCE & REIMBURSEMENT forensic consulting in HEALTHCARE FINANCE & REIMBURSEMENT litigation, in addition prepare HEALTHCARE FINANCE & REIMBURSEMENT expert witness reports for use in deposition and/or in-court trial testimony.

HEALTH INSURANCE

Health insurance is a type of insurance whereby the insurer pays the medical costs of the insured if the insured becomes sick due to covered causes, or due to accidents. The insurer may be a private organization or a government agency. Market-based health care systems such as that in the United States rely primarily on private health insurance.

HEALTH INSURANCE

Health insurance is a type of insurance whereby the insurer pays the medical costs of the insured if the insured becomes sick due to covered causes, or due to accidents. The insurer may be a private organization or a government agency. Market-based health care systems such as that in the United States rely primarily on private health insurance.

IME MA - MASSACHUSETTS

An IME is a objective medical, dental or psychiatric examination to evaluate the causal relationship between an incident and a disease process to establish the cause and effect relation between the two. High-quality examinations provide unbiased, accurate and medically sound information. Doctors performing IME's must be licensed to practice in: o Medicine & Surgery, o Osteopathic Medicine & Surgery, o Podiatric Medicine & Surgery, o Chiropractic, or o Dentistry. Approved doctors are not obligated to accept examination assignments, nor are doctors guaranteed referrals. Doctors performing IMEs must know about: • The purpose of an IME. • IME provider number. • Qualifications of an approved provider. • Responsibilities during the examination. • Completion of job analysis. • Ongoing treatment for the worker. • Responsibilities regarding testimony. • How complaints are handled. • Rating systems to use. • Information to include in the report. • Fee schedule for IMEs. • IMEs for impairment rating only.

INSURANCE - AUTO

Vehicle insurance (or Auto insurance, car insurance, motor insurance) is insurance consumers can purchase for cars, trucks, and other vehicles. Its primary use is to provide protection against losses incurred as a result of traffic accidents.

INSURANCE FRAUD

Insurance fraud or false insurance claims are insurance claims filed with the intent to defraud an insurance provider. In the United States insurance fraud is estimated to cost US$875 per person per year with The Coalition Against Insurance Fraud estimating the loss to be $80 billion per year and Medicare estimating fraud in its system costs the government $179 billion per year. Insurance fraud hurts the average person in two ways. First, all fraud costs, including losses, investigations, etc., are paid for by the insured through higher premiums, or, in the case of government insurance like Medicare, in higher taxes. Second, if a particular individual is the target for the fraud, they have costs such as deductible payments, loss of property use, etc., as well as higher premiums from the claim loss and the potential for denial of future coverage.

INSURANCE - PROPERTY

Property insurance provides protection against risks to property, such as fire, theft or weather damage. This includes specialized forms of insurance such as fire insurance, flood insurance, earthquake insurance, home insurance or boiler insurance. Property is insured in two main ways - open perils, or all risk perils, and named perils. Open perils cover all the causes of loss not specifically excluded or eliminated in the policy. Named perils require the actual cause of loss to be listed in the policy for insurance to be provided. The more common named perils include such damage causing events as fire, lightning, explosion and theft. Some of the more common exclusions include earthquake, flood, nuclear incidents, and war.

INTELLECTUAL PROPERTY - ANALYSIS

In law, intellectual property (IP) is a broad entitlement extending the concept of property beyond its materialist definitions to include information, ideas, and other intangible assets in their expressed form. Depending on jurisdiction, IP rights generally enable the holder to exercise exclusive rights over the the subject matter (or "work") of the IP using copyright, patent, trademark, industrial design right and similar legal protections. The term reinforces that such works are the product of the mind or intellect and that any rights may be protected at law in the same way as any other form of property.

INTELLECTUAL PROPERTY - LICENSING

In law, intellectual property (IP) is a broad entitlement extending the concept of property beyond its materialist definitions to include information, ideas, and other intangible assets in their expressed form. Depending on jurisdiction, IP rights generally enable the holder to exercise exclusive rights over the the subject matter (or "work") of the IP using copyright, patent, trademark, industrial design right and similar legal protections. The term reinforces that such works are the product of the mind or intellect and that any rights may be protected at law in the same way as any other form of property.

LABORATORIES / CLINICAL LABS

A laboratory (often abbreviated lab) is a place where scientific research and experiments are conducted. A typical lab can hold space for one to thirty, or more, researchers depending on the size of the room and state mandated maximum occupancy limit. All laboratories share some common features, mainly laboratory equipment and laboratory glassware: Usually, they have at least one fume hood. Toxic and hazardous chemicals can be safely handled in a fume hood. This reduces, and usually eliminates, the risk of inhalation of toxic gases produced by the reaction of chemicals. Laboratories usually have a sink for handwashing. A fire extinguisher is located in a laboratory, as well as a fire blanket, to help exterminate fire in the event of an accident. There is also an eye wash station and an overhead shower in the event that chemicals gain access onto clothes, skin, or eyes. The exceptions to this would include certain engineering and physics laboratories, which usually do not include glassware, hoods, and toxic chemicals.

LAND USE PLANNING & ZONING

Land Use Planning is the term used for a branch of public policy which encompasses various disciplines which seek to order and regulate the use of land in an efficient way. Despite confusing nomenclature, the essential function of planning remains the same whatever term is applied. The Canadian Planners Association offers a definition that; "[Land Use] Planning means the scientific, aesthetic, and orderly disposition of land, resources, facilities and services with a view to securing the physical, economic and social efficiency, health and well-being of urban and rural communities" Zoning is a North American term for a system of land-use regulation. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one part of a community from another. Zoning regulations fall under the police power rights governments may exercise over real property. Theoretically, its primary purpose is to segregate uses that are thought to be incompatible; in practice, zoning is used as a permitting system to prevent new development from harming existing residents or businesses. Zoning is commonly controlled by local governments such as counties or municipalities.

LIQUIFIED NATURAL GAS - LNG

Liquefied natural gas or LNG is natural gas that has been processed to remove impurities and heavy hydrocarbons and then condensed into a liquid at atmospheric pressure by cooling it to approximately -163 degrees Celsius. LNG is transported by specially designed vessels and stored in specially designed tanks. LNG is about 1/600th the volume of natural gas at standard temperature and pressure (STP), making it much more cost-efficient to transport over long distances where pipelines do not exist. Where moving natural gas by pipelines is not possible or economical, it can be transported by LNG vessels, where the most common tank types are membrane(prismatic) or Moss Rosenberg(spheres).