Archive for August 24th, 2022

Barbecue Law!

Wednesday, August 24th, 2022

La Barbecue is a popular Austin joint. It is in the Texas Monthly Top 50, though not in the Top 10.

The owner and manager of La Barbecue have been criminally indicted.

[Leanne] Mueller and [Allison] Clem are each charged with two counts of fraudulent securing of document execution.

What does that mean? Here’s how the Statesman explains it. La Barbecue didn’t have worker’s comp insurance, and hadn’t had it since November of 2014. Sometime in July of 2016, one of their employees was hurt “while operating a piece of kitchen equipment”. It sounds like the injuries were pretty serious: I’ll get into that in a minute.

Four days later, Clem contacted Paychex Insurance to get workers’ compensation coverage, something the restaurant had been without since November 2014.
Clem did not disclose her employee’s injuries to the agent but asked that the new policy be backdated to July 1, 2016, three weeks before the employee was hurt, the Texas Department of Insurance reported.

This kind of strikes me as equivalent to being in a car accident, then calling your insurance agent to get backdated coverage. I would call this “insurance fraud”. But: I am not a lawyer.

“It is perfectly legal to obtain a backdated policy in Texas,” said the women’s attorney, Brian Roark.

Which may be true. But it is legal to obtain a backdated policy, then make a claim against that policy for an accident that happened while coverage was not in place?

Mueller then submitted a signed application for coverage, claiming the business had no previous losses, and the policy was approved by Travelers Casualty Insurance Co. of America, the department said.

According to the article, Travelers paid out “$350,000 in medical and indemnity benefits”. In addition, “The insurance company is also responsible for lifetime care of the injured employee.”

“The insurance company determined early on that they didn’t believe they should have to pay for the claim, yet continued to pay for it anyway,” Roark said. “Regardless of the insurance company’s determination, La Barbecue, Leanne Mueller and Allison Clem believed they were acting in good faith at all times when they signed the application that had been provided to them by the insurance agent. All the monies paid for the employee were paid to the employee or directly for his medical expenses and not to La Barbecue, Leanne Mueller or Allison Clem. We believe once a jury hears the facts, that La Barbecue, Leanne Mueller and Allison Clem will be exonerated.”

If they are convicted, supposedly the two can be made to pay restitution “up to double the amount Travelers already paid to the injured worker in benefits”.

I’d hate to lose a good barbecue joint (though I’ve never had a chance to eat at La Barbecue). But I think this goes to show at least one thing: it’s just ignorant not to have worker’s comp insurance.

(More from eater.com. Crossposted to The Logbook of the Saturday Dining Conspiracy.)

Posted in Beef, Food, Law | 1 Comment »

The Agony of…something or other.

Wednesday, August 24th, 2022

It isn’t exactly defeat. This makes falling off the end of a ski jump look tame.

By way of a comment on Reddit’s “Hobby Drama” sub, I learned that there is such a thing as the International Tank Biathlon World Championship. The 9th one of those is either wrapped up or just wrapping up. Yes, it did go on: it was not called on account of WAR, though the page linked above seems to be confused about whether this is the 2022 or 2021 edition.

But wait, there’s more! We have a Twitter thread! With video! And commentary!

Two highlights. Number one is a clip from “Fast 12: Tank Drift”:

Number two: everything is better with music.

And this goes out to the Saturday Night Movie Group:

Posted in Bagatelle, Sports | 3 Comments »

Obit watch: August 24, 2022.

Wednesday, August 24th, 2022

Len Dawson, one of the greats. NYT.

Known as “Lenny the Cool” for his composure and guile on the field, Dawson was the Chiefs’ starter for 14 seasons, including their appearances in Super Bowl I and Super Bowl IV.

…

Dawson, a strapping 6-footer with wavy hair and a killer smile, began working as a sports anchor for KMBC-TV (Ch. 9) during his playing days in 1966, not stepping down until 2009. He also served as an NFL color commentator for NBC Sports for six years; was co-host for HBO’s “Inside the NFL” for 24 years; and was the Chiefs’ radio analyst from 1984 to 2017.

…

In 1987, Dawson was inducted into the Pro Football Hall of Fame in Canton, Ohio, just 20 miles from his childhood home of Alliance, Ohio. Dawson, inducted into the Chiefs Hall of Fame in 1979, also was selected 1972 NFL Man of the Year, an award that honors a player’s contributions both on the field and in the community.
Dawson’s work as a broadcaster was recognized in 2012, when he received the Pete Rozelle Radio-Television Award from the Pro Football Hall of Fame, 25 years after he was enshrined as a player. Dawson, Frank Gifford, Dan Dierdorf and John Madden are the only members of the Pro Football Hall of Fame who also received the Rozelle Award, which recognizes “longtime exceptional contributions to radio and television in professional football.”

…

In his 19-year professional career, Dawson completed 2,136 passes in 3,741 attempts for 28,711 yards, 239 touchdowns and 183 interceptions. His 183 games played for the Chiefs ranks third among non-kickers to only Will Shields’ 224 and Tony Gonzalez’ 190. And Dawson completed more passes (2,115) for more yards (28,507) and more touchdowns (237) than any quarterback in Chiefs history.

…

More important to Dawson was the contribution he and the Chiefs played in Kansas City, a town searching for its major-league identity.
“The games themselves don’t mean that much,” he said. “You tend to forget the details. But our success was important to Kansas City. I like to think our football team played a part in changing the minds of people about Kansas City. That is the most significant thing to me.”

Tim Page, Vietnam war photographer. (Alt link.)

A freelancer and a free spirit whose Vietnam pictures appeared in publications around the world during the 1960s, he was seriously wounded four times, most severely when a piece of shrapnel took a chunk out of his brain and sent him into months of recovery and rehabilitation.
Mr. Page was one of the most vivid personalities among a corps of Vietnam photographers whose images helped shape the course of the war — and was a model for the crazed, stoned photographer played by Dennis Hopper in “Apocalypse Now.”
Michael Herr, in his 1977 book “Dispatches,” called him the most extravagant of the “wigged-out crazies” in Vietnam, who “liked to augment his field gear with freak paraphernalia, scarves and beads.”

…

He published a dozen books, including two memoirs, and most notably “Requiem” a collection of pictures by photographers on all sides who had been killed in the various Indochina wars.
Issued in 1997 and co-authored by his fellow photographer Horst Faas, it was a memorial that he considered one of his most important contributions. The collection was put on permanent display in Ho Chi Minh City, Vietnam.

Requiem: By the Photographers Who Died in Vietnam and Indochina (affiliate link to used copies on Amazon). I’ve mentioned it before, but I think this is a great book.

His closest encounter with death came in April 1969 when he stepped out of a helicopter to help offload wounded soldiers and was hit with shrapnel when a soldier near him stepped on a mine.
He was pronounced dead at a military hospital, then was revived, then died and was revived again, finally recovering enough to be transferred to the United States, where he endured months of rehabilitation and therapy before picking up his cameras and heading back to work.
During this time, in an event that consumed much of his later life, two fellow photographers headed on motorcycles down an empty road in Cambodia in search of Khmer Rouge guerrillas and never returned.
Over the following decades, Mr. Page made repeated forays into the Cambodian countryside in a futile search for the remains of the two men, Sean Flynn and Dana Stone.

This goes unmentioned in the obit, and isn’t strictly relevant, but I find it an interesting historical footnote: Sean Flynn was Errol Flynn’s son (by his first wife, Lili Damita). To the best of my knowledge, Mr. Flynn and Mr. Stone have never been found: “In 1984, Flynn’s mother had him declared dead in absentia.”

Personal indulgence: Doris Emily Bedford Gerlat. She was the mother of my beloved and indulgent Uncle Allan (who is married to my beloved and indulgent Aunt Cheryl: the two of them are responsible for the Major Award among other things).

Posted in Books, History, NFL, Photography, Sports | Comments Closed