Impeach Yertle the Turtle!
Republican leader John Thune made Mitch McConnell head of the Rules Committee. Here we see him unable to even speak his mind. It is TIME to IMPEACH Yertle the Turtle!
https://rumble.com/v5sgxp8-impeach-yertle-the-turtle.html

No peasants allowed!

I want everyone looking at this amazing place to remember something quite ironic...

The people who attended these "gatherings" at this amazing location NEVER WORKED A DAY OF THEIR SPOILED, POMPOUS LIVES, they survived by convincing YOU (and me) to pay them 1/2 of everything we earned!

And they lived far better than ANY MAN who worked for a living EVER HAS! They truly ARE the #Parasite Class!

It's time to take control over your own mind!
Because friend, if YOU are not in control over it, SOMEONE ELSE WILL BE!

The Great Gallery, Schönbrunn Palace, 1696-1780, Vienna. The Great Gallery was used by several generations of the imperial family for receptions, balls and festive banquets. More than 40 m long and almost 10 m wide, the Great Gallery provided the ideal setting for courtly events.

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EUO is a Material Condition Precedent

Claim Properly Denied for Refusal to Testify at EUO

Post 4936

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See the full video at and at

Erin Hughes appealed from the grant of summary judgment in favor of defendant and respondent Farmers Insurance Exchange (Farmers) on her causes of action for breach of contract and bad faith arising after Farmers’ denial of Hughes’s property insurance claim because she refused to testify at a second examination under oath (EUO).

In Erin Hughes v. Farmers Insurance Exchange, B331168, California Court of Appeals (November 8, 2024) the condition precedent was enforced.

FACTUAL BACKGROUND

Hughes is the owner of real property in Malibu (the property). In December 2020, Hughes obtained an insurance policy to cover the property for fire loss through the California FAIR Plan Association (FAIR Plan). Also in December 2020, Hughes obtained a homeowner’s insurance policy from Farmers to cover perils other than fire, including losses due to theft (the policy).

One month later, in January 2021, the property sustained significant fire damage. Hughes contacted Farmers, which advised her that fire loss was not covered by her Farmers policy, and she would have to pursue any such claim through her FAIR Plan policy. Unhappy, on January 21, 2021, Hughes tendered a theft claim under the Farmers policy, asserting in excess of $2 million worth of personal property was stolen from the property.

Farmers ultimately denied the claim on January 5, 2022, on the ground that Hughes failed to cooperate with Farmers’ investigation, including by failing to participate in a second examination under oath as required by the policy.
Hughes’s Complaint Against Farmers

One week after the denial of her claim, Hughes sued Farmers and alleged Farmers demanded “duplicative, onerous and/or unnecessary” documentation of stolen items. Further, she alleged Farmers subjected her to “two confrontational, accusatory and grueling examinations under oath.” Hughes alleged her second examination under oath had been “suspended due to [her] medical condition,” but Farmers disregarded her condition and demanded a third examination.

Farmers’ Motion for Summary Judgment

Farmers moved for summary judgment contending it properly denied Hughes’s theft claim based on her failure to cooperate with Farmers’ investigation of her claim as well as her material misrepresentations in obtaining the Farmers policy.

In May 2021, as part of Farmers’ theft claim investigation, Hughes participated in an examination under oath. During the examination, Hughes’s counsel informed the Farmers attorney he had just sent more than 40 additional receipts that the attorney would be receiving shortly. Recognizing they would not have time to go through the new items that day and the examination would need to continue on a future date, the Farmers attorney proposed “continu[ing] to work with one another to identify what’s missing.” In response, Hughes and her counsel agreed, with Hughes stating she would be happy to get “every single thing that you need and I’ll send it to my attorney right away.”

In October 2021, a second session of the examination under oath was held regarding documentation Hughes had produced during and after the first session. Hughes appeared remotely with counsel and before any questions were asked of her, she objected to a further examination.

Hughes accused the Farmers attorney of interrogating her “like a fucking criminal” and stated, “if you want to take my deposition . . . you are going to take a second deposition in court, and that’s going to be a formal deposition.” Hughes’s remote connection then cut out, and her counsel indicated she would not proceed with the examination.

Farmers informed Hughes that it was denying coverage based on her failure to cooperate with Farmers’ investigation and particularly her refusal to proceed with the second examination under oath.
Trial Court’s Grant of Summary Judgment and Denial of Hughes’s Continuance Request and Motion for New Trial

The trial court granted summary judgment in favor of Farmers. Noting an insurer has “an absolute right” to require the insured to submit to an examination under oath “as long as the insurer exercises the right reasonably,” the court determined Hughes had not shown Farmers acted unreasonably. The court concluded summary judgment was appropriate “based solely on failure to cooperate.”

DISCUSSION

The trial court properly concluded there was no genuine dispute that Hughes’s failure to participate in an examination under oath constituted a material breach of the policy; accordingly, Farmers was excused from having to pay on Hughes’s claim. The right to require the insured to submit to an examination under oath concerning all proper subjects of inquiry is reasonable as a matter of law.

An insured’s compliance with a policy requirement to submit to an examination under oath is a prerequisite to the right to receive benefits under the policy.
Because Hughes refused to cooperate with Farmers’ investigation by participating in and completing her examination under oath, she cannot establish her own performance under the policy.
Breach of Implied Covenant Claim

The implied covenant of good faith and fair dealing is based on general contract law and the long-standing rule that neither party will do anything which will injure the right of the other to receive the benefits of the agreement. Hughes’s claim for bad faith fails as a matter of law.

ZALMA OPINION

Wildfires tend to destroy everything. That is why insurers are unwilling to write fire insurance in Malibu and other areas prone to wildfires and obtain fire insurance from the Fair Plan, an organization designed to cover uninsurable risks. Because of the destruction done by a wildfire or a dwelling fire a $2 million dollar theft loss after a fire is questionable and a good reason to take a thorough EUO. Farmers tried to do so and Hughes refused without reason after admitting she left open much investigation elements at the agreed conclusion of the first session and an agreement to a second only to refuse.

(c) 2024 Barry Zalma & ClaimSchool, Inc.

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Chiropractor Disciplined for Improper Billing

Chiropractor Lies to Board and Loses Right to Practice

Post 4930

Read the full article at https://www.linkedin.com/pulse/chiropractor-disciplined-improper-billing-barry-zalma-esq-cfe-4qjdc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

This appeal arises from an attempt by the state of Illinois to impose discipline upon plaintiff Christopher D. Leone, D.C., due to certain improper activities performed as a licensed chiropractor in the state of Illinois.

In Christopher D. Leone, D.C. v. The Department Of Financial And Professional Regulation, Division Of Professional Regulation; and Cecilia Abundis, in Her Official Capacity as Acting Director of the Department of Financial and Professional Regulation, No. 4-22-0753, 2024 IL App (4th) 220753-U, Court of Appeals of Illinois, Fourth District (November 6, 2024) the Court of Appeal resolved the multiple claims of the chiropractor.

BACKGROUND

Leone has practiced as a chiropractor since 1999 and initially practiced in the state of Washington. The matter was resolved pursuant to an informal disposition via stipulation.

Leone began practicing in Illinois in 2004, and in 2010 and a consent order was issued pursuant to which Leone admitted to the allegations and was reprimanded with a $5000 fine and a requirement that he undertake 20 hours of continuing education; 10 of those hours were to focus on Medicare billing and insurance coding and another 10 on record keeping.

In 2013, the United States alleged that Leone “knowingly and fraudulently” submitted Medicare claims of less than $1000 for one-on-one physical therapy services that were not provided. Following negotiation, the parties entered into a plea agreement, pursuant to which Leone pleaded guilty to the one-count information and stipulated to a factual basis for his plea.

Shortly after the Medicare fraud charge was filed against Leone, the State filed a five-count complaint alleging multiple violations of the Medical Practices Act of 1987 (Act). During the litigation, Leone applied to renew his chiropractic license. One of the questions on the application asked whether he had been convicted of any criminal offense, state or federal, since July 2011; Leone answered, “No,” failing to document the Medicare fraud conviction.

Attempting to explain his federal guilty plea, Leone said that he was unable to modify the language in the plea agreement, as “the time for negotiations had run out” and the plea was a “take-it-or-leave-it” proposition. Leone read the plea agreement line by line and, although he claimed it contained false information, he signed it.

ALJ Report and Recommendation

The Administrative Law Judge (ALJ) issued his report and recommendation, finding that, pursuant to the guilty plea in the federal case, Leone had admitted that his patients performed physical therapy on their own without supervision. Also, Leone admitted in his plea that entries in patient records indicating that they received hands-on or one-on-one physical therapy were false. Further, the guilty plea established that Leone knowingly submitted claims to Medicare for services that he did not provide. Leone had also billed private insurers numerous times under the same code as Medicare.

The conviction also established that he engaged in false billing and false entries in patient records. The ALJ recommended an indefinite suspension of Leone’s license for a minimum of two years.

An expert testified that chiropractors who engaged in Medicare fraud violated several tenets of chiropractic ethics.

There was a pattern of overcharging for services that were not provided, false notations in patient records to support the false charges, and the submission of false claims to insurance that went on for at least five years. Leone obtained fees by fraud, deceit, or misrepresentation, and those actions fell below the professional and ethical standards required of chiropractors in Illinois. Leone’s conduct, along with his past disciplinary history, “demonstrate[d] a pattern of behavior that [was] not acceptable.”

ANALYSIS

It was undisputed that Leone submitted charges under billing code 97110. Leone pled guilty to submitting a false demand for payment upon the United States. In his plea, Leone admitted to billing for services that were not actually provided to his patients as claimed, “and the instruments containing the demands for payment of public money, therefore were false when they were submitted” and “were submitted to Medicare with the knowledge that he did not perform the service charged.”

The guilty plea supports the conclusion that Leone knowingly and intentionally submitted claims for reimbursement for services provided under code 97110 where the services did not meet the requirements to be paid under that code. This pattern went on for approximately five years, resulting in 1324 false claims in the amount of $93,900.

The Department established a violation of the Act where Leone failed to note the federal conviction on his renewal application.
Discipline

A review of the initial circuit court order in this matter reveals that it merely recommended that the Department consider probation as a punishment; it did not make a ruling to that effect.

There was no abuse of discretion in the discipline imposed. For the reasons stated, the Court reversed the circuit court’s judgment and affirm the Director’s decision.

ZALMA OPINION

Leone successfully committed fraud on the United States, the state of Illinois, and the insurance industry by falsely billing services he did not provide. He pleaded guilty to one count of Federal Health Insurance fraud and then lied to the state of Illinois when he applied to renew his license. With lawyers and retained experts he delayed the sanction for years. The Court of Appeals finally resolved the multiple disputes and applied an appropriate sanction and suspension of his license. He should consider himself lucky that he was not prosecuted criminally by the state and the US Government accepted his plea.

(c) 2024 Barry Zalma & ClaimSchool, Inc.

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Revelation
Chapter 1

1 The Revelation of Jesus Christ, which God gave unto him, to shew unto his servants things which must shortly come to pass; and he sent and signified it by his angel unto his servant John:

2 Who bare record of the word of God, and of the testimony of Jesus Christ, and of all things that he saw.

3 Blessed is he that readeth, and they that hear the words of this prophecy, and keep those things which are written therein: for the time is at hand.

4 John to the seven churches which are in Asia: Grace be unto you, and peace, from him which is, and which was, and which is to come; and from the seven Spirits which are before his throne;

5 And from Jesus Christ, who is the faithful witness, and the first begotten of the dead, and the prince of the kings of the earth. Unto him that loved us, and washed us from our sins in his own blood,

6 And hath made us kings and priests unto God and his Father; to him be glory and dominion for ever and ever. Amen.

7 Behold, he cometh with clouds; and every eye shall see him, and they also which pierced him: and all kindreds of the earth shall wail because of him. Even so, Amen.

8 I am Alpha and Omega, the beginning and the ending, saith the Lord, which is, and which was, and which is to come, the Almighty.

9 I John, who also am your brother, and companion in tribulation, and in the kingdom and patience of Jesus Christ, was in the isle that is called Patmos, for the word of God, and for the testimony of Jesus Christ.

10 I was in the Spirit on the Lord's day, and heard behind me a great voice, as of a trumpet,

11 Saying, I am Alpha and Omega, the first and the last: and, What thou seest, write in a book, and send it unto the seven churches which are in Asia; unto Ephesus, and unto Smyrna, and unto Pergamos, and unto Thyatira, and unto Sardis, and unto Philadelphia, and unto Laodicea.

12 And I turned to see the voice that spake with me. And being turned, I saw seven golden candlesticks;

13 And in the midst of the seven candlesticks one like unto the Son of man, clothed with a garment down to the foot, and girt about the paps with a golden girdle.

14 His head and his hairs were white like wool, as white as snow; and his eyes were as a flame of fire;

15 And his feet like unto fine brass, as if they burned in a furnace; and his voice as the sound of many waters.

16 And he had in his right hand seven stars: and out of his mouth went a sharp twoedged sword: and his countenance was as the sun shineth in his strength.

17 And when I saw him, I fell at his feet as dead. And he laid his right hand upon me, saying unto me, Fear not; I am the first and the last:

18 I am he that liveth, and was dead; and, behold, I am alive for evermore, Amen; and have the keys of hell and of death.

19 Write the things which thou hast seen, and the things which are, and the things which shall be hereafter;

20 The mystery of the seven stars which thou sawest in my right hand, and the seven golden candlesticks. The seven stars are the angels of the seven churches: and the seven candlesticks which thou sawest are the seven churches.

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Leviticus
Chapter 14

1 And the LORD spake unto Moses, saying,

2 This shall be the law of the leper in the day of his cleansing: He shall be brought unto the priest:

3 And the priest shall go forth out of the camp; and the priest shall look, and, behold, if the plague of leprosy be healed in the leper;

4 Then shall the priest command to take for him that is to be cleansed two birds alive and clean, and cedar wood, and scarlet, and hyssop:

5 And the priest shall command that one of the birds be killed in an earthen vessel over running water:

6 As for the living bird, he shall take it, and the cedar wood, and the scarlet, and the hyssop, and shall dip them and the living bird in the blood of the bird that was killed over the running water:

7 And he shall sprinkle upon him that is to be cleansed from the leprosy seven times, and shall pronounce him clean, and shall let the living bird loose into the open field.

8 And he that is to be cleansed shall wash his clothes, and shave off all his hair, and wash himself in water, that he may be clean: and after that he shall come into the camp, and shall tarry abroad out of his tent seven days.

9 But it shall be on the seventh day, that he shall shave all his hair off his head and his beard and his eyebrows, even all his hair he shall shave off: and he shall wash his clothes, also he shall wash his flesh in water, and he shall be clean.

10 And on the eighth day he shall take two he lambs without blemish, and one ewe lamb of the first year without blemish, and three tenth deals of fine flour for a meat offering, mingled with oil, and one log of oil.

11 And the priest that maketh him clean shall present the man that is to be made clean, and those things, before the LORD, at the door of the tabernacle of the congregation:

12 And the priest shall take one he lamb, and offer him for a trespass offering, and the log of oil, and wave them for a wave offering before the LORD:

13 And he shall slay the lamb in the place where he shall kill the sin offering and the burnt offering, in the holy place: for as the sin offering is the priest's, so is the trespass offering: it is most holy:

14 And the priest shall take some of the blood of the trespass offering, and the priest shall put it upon the tip of the right ear of him that is to be cleansed, and upon the thumb of his right hand, and upon the great toe of his right foot:

15 And the priest shall take some of the log of oil, and pour it into the palm of his own left hand:

16 And the priest shall dip his right finger in the oil that is in his left hand, and shall sprinkle of the oil with his finger seven times before the LORD:

17 And of the rest of the oil that is in his hand shall the priest put upon the tip of the right ear of him that is to be cleansed, and upon the thumb of his right hand, and upon the great toe of his right foot, upon the blood of the trespass offering:

18 And the remnant of the oil that is in the priest's hand he shall pour upon the head of him that is to be cleansed: and the priest shall make an atonement for him before the LORD.

19 And the priest shall offer the sin offering, and make an atonement for him that is to be cleansed from his uncleanness; and afterward he shall kill the burnt offering:

20 And the priest shall offer the burnt offering and the meat offering upon the altar: and the priest shall make an atonement for him, and he shall be clean.

21 And if he be poor, and cannot get so much; then he shall take one lamb for a trespass offering to be waved, to make an atonement for him, and one tenth deal of fine flour mingled with oil for a meat offering, and a log of oil;

22 And two turtledoves, or two young pigeons, such as he is able to get; and the one shall be a sin offering, and the other a burnt offering.

23 And he shall bring them on the eighth day for his cleansing unto the priest, unto the door of the tabernacle of the congregation, before the LORD.

24 And the priest shall take the lamb of the trespass offering, and the log of oil, and the priest shall wave them for a wave offering before the LORD:

25 And he shall kill the lamb of the trespass offering, and the priest shall take some of the blood of the trespass offering, and put it upon the tip of the right ear of him that is to be cleansed, and upon the thumb of his right hand, and upon the great toe of his right foot:

26 And the priest shall pour of the oil into the palm of his own left hand:

27 And the priest shall sprinkle with his right finger some of the oil that is in his left hand seven times before the LORD:

28 And the priest shall put of the oil that is in his hand upon the tip of the right ear of him that is to be cleansed, and upon the thumb of his right hand, and upon the great toe of his right foot, upon the place of the blood of the trespass offering:

29 And the rest of the oil that is in the priest's hand he shall put upon the head of him that is to be cleansed, to make an atonement for him before the LORD.

30 And he shall offer the one of the turtledoves, or of the young pigeons, such as he can get;

31 Even such as he is able to get, the one for a sin offering, and the other for a burnt offering, with the meat offering: and the priest shall make an atonement for him that is to be cleansed before the LORD.

32 This is the law of him in whom is the plague of leprosy, whose hand is not able to get that which pertaineth to his cleansing.

33 And the LORD spake unto Moses and unto Aaron, saying,

34 When ye be come into the land of Canaan, which I give to you for a possession, and I put the plague of leprosy in a house of the land of your possession;

35 And he that owneth the house shall come and tell the priest, saying, It seemeth to me there is as it were a plague in the house:

36 Then the priest shall command that they empty the house, before the priest go into it to see the plague, that all that is in the house be not made unclean: and afterward the priest shall go in to see the house:

37 And he shall look on the plague, and, behold, if the plague be in the walls of the house with hollow strakes, greenish or reddish, which in sight are lower than the wall;

38 Then the priest shall go out of the house to the door of the house, and shut up the house seven days:

39 And the priest shall come again the seventh day, and shall look: and, behold, if the plague be spread in the walls of the house;

40 Then the priest shall command that they take away the stones in which the plague is, and they shall cast them into an unclean place without the city:

41 And he shall cause the house to be scraped within round about, and they shall pour out the dust that they scrape off without the city into an unclean place:

42 And they shall take other stones, and put them in the place of those stones; and he shall take other morter, and shall plaister the house.

43 And if the plague come again, and break out in the house, after that he hath taken away the stones, and after he hath scraped the house, and after it is plaistered;

44 Then the priest shall come and look, and, behold, if the plague be spread in the house, it is a fretting leprosy in the house: it is unclean.

45 And he shall break down the house, the stones of it, and the timber thereof, and all the morter of the house; and he shall carry them forth out of the city into an unclean place.

46 Moreover he that goeth into the house all the while that it is shut up shall be unclean until the even.

47 And he that lieth in the house shall wash his clothes; and he that eateth in the house shall wash his clothes.

48 And if the priest shall come in, and look upon it, and, behold, the plague hath not spread in the house, after the house was plaistered: then the priest shall pronounce the house clean, because the plague is healed.

49 And he shall take to cleanse the house two birds, and cedar wood, and scarlet, and hyssop:

50 And he shall kill the one of the birds in an earthen vessel over running water:

51 And he shall take the cedar wood, and the hyssop, and the scarlet, and the living bird, and dip them in the blood of the slain bird, and in the running water, and sprinkle the house seven times:

52 And he shall cleanse the house with the blood of the bird, and with the running water, and with the living bird, and with the cedar wood, and with the hyssop, and with the scarlet:

53 But he shall let go the living bird out of the city into the open fields, and make an atonement for the house: and it shall be clean.

54 This is the law for all manner of plague of leprosy, and scall,

55 And for the leprosy of a garment, and of a house,

56 And for a rising, and for a scab, and for a bright spot:

57 To teach when it is unclean, and when it is clean: this is the law of leprosy.

Leviticus
Chapter 12

1 And the LORD spake unto Moses, saying,

2 Speak unto the children of Israel, saying, If a woman have conceived seed, and born a man child: then she shall be unclean seven days; according to the days of the separation for her infirmity shall she be unclean.

3 And in the eighth day the flesh of his foreskin shall be circumcised.

4 And she shall then continue in the blood of her purifying three and thirty days; she shall touch no hallowed thing, nor come into the sanctuary, until the days of her purifying be fulfilled.

5 But if she bear a maid child, then she shall be unclean two weeks, as in her separation: and she shall continue in the blood of her purifying threescore and six days.

6 And when the days of her purifying are fulfilled, for a son, or for a daughter, she shall bring a lamb of the first year for a burnt offering, and a young pigeon, or a turtledove, for a sin offering, unto the door of the tabernacle of the congregation, unto the priest:

7 Who shall offer it before the LORD, and make an atonement for her; and she shall be cleansed from the issue of her blood. This is the law for her that hath born a male or a female.

8 And if she be not able to bring a lamb, then she shall bring two turtles, or two young pigeons; the one for the burnt offering, and the other for a sin offering: and the priest shall make an atonement for her, and she shall be clean.

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