Tuesday, February 25, 2020

The case of injury at the workplace Essay Example | Topics and Well Written Essays - 1250 words

The case of injury at the workplace - Essay Example The case of injury at the workplace The plaintiff appealed the decision to the court. BWC filed a motion to dismiss for lack of jurisdiction. The court ruled in favor of BWC holding that Plaintiff had not exhausted administrative remedies and dismissed the appeal. Subsequently, the plaintiff moved to the Tenth District Court of Appeals which upheld the decision of the trial court. The plaintiff did not stop there but made a second Workers’ Compensation claim application with BWC. This second application was administratively rejected by BWC and Industrial Commission at all levels. The plaintiff then appealed BWC’s decision to the court. At that point, the BWC (hereby called the defendant) made the motion to dismiss or in alternative for summary judgment (the subject to the present appeal) on grounds that decision of the defendant denying the applicant’s first application acted as a bar for his making the second application, under the doctrine of res Judicata. Therefore, the main issue in the applica tion was whether the second worker’s compensation application by the plaintiff can be heard de novo by BWC or it was barred under the doctrine of res Judicata. The court found that the second application should have been heard de novo by the defendant. The reasoning of the court was that the original worker’s compensation claim was not heard on merit but was dismissed on procedural technicalities and, therefore, the doctrine of res Judicata did not apply. ... This second application was administratively rejected by BWC and Industrial Commission at all levels. The plaintiff then appealed BWC’s decision to the court. At that point, the BWC (hereby called the defendant) made the motion to dismiss or in alternative for summary judgment (the subject to the present appeal) on grounds that decision of the defendant denying the applicant’s first application acted as a bar for his making the second application, under the doctrine of res Judicata. Therefore, the main issue in the application was whether the second worker’s compensation application by the plaintiff can be heard de novo by BWC or it was barred under the doctrine of res Judicata. The court found that the second application should have been heard de novo by the defendant. The reasoning of the court was that the original worker’s compensation claim was not heard on merit but was dismissed on procedural technicalities and, therefore, the doctrine of res Judica ta did not apply. The court relied on a decision of the Tenth District Court of Appeals in Greene v Conrad (10th Dist., 1997) where the court held that BWC had denied the application on procedural ground, and which did not constitute adjudication of the dispute on its merits and, therefore, the doctrine of res Judicata could not apply. Therefore, the court dismissed the defendant’s motion to dismiss and remanded back the matter to BWC for proceedings. The trial court found that the original worker’s compensation claim application was filed by another person other than the plaintiff with BWC without the knowledge of the plaintiff and therefore, the claim cannot be held to have been adjudicated on merit since he was not pricy as a party. Present Appeal

Sunday, February 9, 2020

Linear Programming essay Example | Topics and Well Written Essays - 750 words

Linear Programming - Essay Example The applications of linear programming span providing solutions to problems involving economics, computer science, and practically any other industry that requires a production schedule or an actual scheduling process. Moreover, the optimizing feature of linear programming makes it a necessity for people in the management circle to be familiar with. Simplex algorithm A linear programming model is typically solved using a simplex algorithm, or sometimes also referred to as the linear solver (Powell & Baker, 2010). The simplex algorithm involves a series of steps which employs the use of slack and basic variables to change the inequality constraints to equations so that the derived system of equations may be solved to find a feasible solution area. The extreme points of this feasible solution area are then tested by plugging them in to the objective function in order to find out which gives the optimal solution (Singiresu, 2009). Linear Programming Models There are a number of models t hat may be used to generate the solution to a linear programming model. ... Such models are generally used in manufacturing companies or supply chain networks. Another kind of linear programming model involves the blending of a number of resources to produce desired results, hence the term blending model (Baker, 2011). A typical example of this model is the â€Å"diet problem† wherein one aims to find the optimum mix of food products that will produce the maximum nutritional value. The covering model of linear programming is quite different from the first two models in such that it aims to minimize the objective function and is presented with â€Å"greater than constraints† (Powell & Baker, 2010, p. 79). This model is commonly used when minimizing a cost function and requiring the contributions to be greater than a particular value. Finally, the network model is quite unique in nature as it â€Å"describes configurations of flow in a connected system† (Baker, 2011, p. 71). Typically, a network model would require the use of a diagram whi ch aids in the finding of the optimal solution of a given problem. In all these types of linear programming models, spreadsheets may be used to provide assistance in finding the optimal solution. Excel has a built in Solver application which allows the user to simply input the coefficients of the objective function and constraints, and automatically generates values for the feasible region and the corresponding optimal solution. Sensitivity Analysis It should be noted that the task is not yet done when the optimal solution is found. It is also necessary to conduct a corresponding sensitivity analysis on the solution generated. Sensitivity analysis provides information on how instantaneous changes in the parameters of the problem would affect the optimal solution