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<channel>
	<title>DWKM&#038;R Blog</title>
	<link>http://dwklaw.com/blog</link>
	<description></description>
	<pubDate>Tue, 19 Aug 2008 13:48:26 +0000</pubDate>
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		<title>Tips To Avoid Hurricane Insurance Disputes in Central Florida and Orlando</title>
		<link>http://dwklaw.com/blog/2008/08/19/tips-to-avoid-hurricane-insurance-disputes-in-central-florida-and-orlando/</link>
		<comments>http://dwklaw.com/blog/2008/08/19/tips-to-avoid-hurricane-insurance-disputes-in-central-florida-and-orlando/#comments</comments>
		<pubDate>Tue, 19 Aug 2008 13:48:26 +0000</pubDate>
		<dc:creator>Anthony Sos</dc:creator>
		
		<category><![CDATA[ Insurance Company Bad Faith]]></category>

		<category><![CDATA[flood damage]]></category>

		<category><![CDATA[flood insurance]]></category>

		<category><![CDATA[hurricane insurance]]></category>

		<category><![CDATA[insurance claims]]></category>

		<category><![CDATA[property damage claims]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/08/19/tips-to-avoid-hurricane-insurance-disputes-in-central-florida-and-orlando/</guid>
		<description><![CDATA[While it appears that Tropical Storm Fay will not cause severe damage in Florida, the 2008 hurricane season is far from over.  Here are some tips to keep in mind if you have to submit a hurricane claim with your homeowner&#8217;s insurance company.  
If you sustain damage to your property, insurance companies have [...]]]></description>
			<content:encoded><![CDATA[<p>While it appears that Tropical Storm Fay will not cause severe damage in Florida, the 2008 hurricane season is far from over.  Here are some tips to keep in mind if you have to submit a hurricane claim with your homeowner&#8217;s insurance company.  </p>
<p>If you sustain damage to your property, insurance companies have an obligation to respond in a timely manner.  Unfortunately, our past experience has found that many insurance companies often leave their policyholders stranded for days despite numerous requests to speak with an adjuster.  It is important to document your efforts to speak with your insurance company.  Every time you speak with an insurance company representative regarding a hurricane claim, write down the name and ID number of the person with whom you spoke.  If you feel the insurance company is not being fair, hire a lawyer to assist you in handling your claim.  </p>
<p>Additionally, many insurance companies hire engineers whose opinions are intended to support the insurance companies’ interests in not paying your claim. Protect yourself using video and photographs to document the damage to your property caused by the hurricane.  </p>
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		<title>Fatal construction accidents prompt OSHA to strengthen standards</title>
		<link>http://dwklaw.com/blog/2008/08/13/fatal-construction-accidents-prompt-osha-to-strengthen-standards/</link>
		<comments>http://dwklaw.com/blog/2008/08/13/fatal-construction-accidents-prompt-osha-to-strengthen-standards/#comments</comments>
		<pubDate>Wed, 13 Aug 2008 13:44:04 +0000</pubDate>
		<dc:creator>Samuel King</dc:creator>
		
		<category><![CDATA[Construction accidents]]></category>

		<category><![CDATA[Personal Injury]]></category>

		<category><![CDATA[Premises Liability]]></category>

		<category><![CDATA[construction accident]]></category>

		<category><![CDATA[construction death]]></category>

		<category><![CDATA[construction injury]]></category>

		<category><![CDATA[construction liability]]></category>

		<category><![CDATA[construction negligence]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/08/13/fatal-construction-accidents-prompt-osha-to-strengthen-standards/</guid>
		<description><![CDATA[High-profile construction crane accidents in Miami and New York City have prompted the Occupational Safety and Health Administration to strengthen its crane and derrick requirements with new standards expected this fall, according to a report in Orlando Business Journal.  “Lax safety measures can threaten lives,” said the safety director of a leading Central Florida [...]]]></description>
			<content:encoded><![CDATA[<p>High-profile construction crane accidents in Miami and New York City have prompted the Occupational Safety and Health Administration to strengthen its crane and derrick requirements with new standards expected this fall, according to a report in Orlando Business Journal.  “Lax safety measures can threaten lives,” said the safety director of a leading Central Florida construction company.  I agree.</p>
<p>I recently represented a construction worker who was struck from behind by a falling 480-foot communication tower.  The accident happened when the tower’s supporting guy wire was caught by a moving piece of heavy machinery.  The tower owner knew about the situation, but took no action.</p>
<p>My client’s injuries from this construction accident included fractures to the skull, face, ribs and leg; a large scalp laceration and spinal fractures.  ER doctors feared he would not survive the night.  He spent nine weeks in the hospital and today is permanently and totally disabled.</p>
<p>When construction companies refuse to enforce safety measures, putting their workers at risk, they must be held responsible for the financial losses of the workers they injure and provide for the future financial protection of these injured workers and their families.</p>
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		<title>Preventing Orlando Car Accidents Caused By Drivers Running Red Lights</title>
		<link>http://dwklaw.com/blog/2008/08/07/preventing-orlando-car-accidents-caused-by-drivers-running-red-lights/</link>
		<comments>http://dwklaw.com/blog/2008/08/07/preventing-orlando-car-accidents-caused-by-drivers-running-red-lights/#comments</comments>
		<pubDate>Thu, 07 Aug 2008 17:13:32 +0000</pubDate>
		<dc:creator>Anthony Sos</dc:creator>
		
		<category><![CDATA[Car Accidents]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/08/07/preventing-orlando-car-accidents-caused-by-drivers-running-red-lights/</guid>
		<description><![CDATA[The National Campaign to Stop Red Light Running has declared this week “National Stop on Red Week,” dedicated to educating Americans about the dangers of running red lights.  The organization reports that 96 percent of Americans are afraid of being hit by a red light runner, yet nearly 20 percent admit to running a [...]]]></description>
			<content:encoded><![CDATA[<p>The National Campaign to Stop Red Light Running has declared this week “National Stop on Red Week,” dedicated to educating Americans about the dangers of running red lights.  The organization reports that 96 percent of Americans are afraid of being hit by a red light runner, yet nearly 20 percent admit to running a red light in the last ten intersections. The leading excuse was not frustration or road rage; but &#8220;being in a hurry.&#8221;</p>
<p>In Orlando last year, 525 car accidents were linked to red-light running.  The city is installing 10 red light cameras at seven intersections around the city and come Sept. 1 will begin fining red light runners $125 for the first two offenses, then $250 for subsequent ones.</p>
<p>Drivers who run red lights cause car accidents that result in preventable death and injury to others. I commend the National Campaign to Stop Red Light Running for its efforts to prevent these types of car accidents.</p>
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		<title>Be Careful Out There</title>
		<link>http://dwklaw.com/blog/2008/07/21/be-careful-out-there/</link>
		<comments>http://dwklaw.com/blog/2008/07/21/be-careful-out-there/#comments</comments>
		<pubDate>Mon, 21 Jul 2008 18:44:03 +0000</pubDate>
		<dc:creator>Anthony Sos</dc:creator>
		
		<category><![CDATA[Car Accidents]]></category>

		<category><![CDATA[Personal Injury]]></category>

		<category><![CDATA[auto accidents]]></category>

		<category><![CDATA[elderly drivers]]></category>

		<category><![CDATA[Florida]]></category>

		<category><![CDATA[traffic fatalities]]></category>

		<category><![CDATA[uninsured drivers]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/07/21/be-careful-out-there/</guid>
		<description><![CDATA[Florida led the nation in traffic fatalities among people 65 or older, according to a report released this month by the AAA Foundation.  Warning of the coming “challenges presented by an aging population of motorists,” the Foundation is urging Florida and other states to develop consistent and comprehensive standards for judging whether drivers are [...]]]></description>
			<content:encoded><![CDATA[<p>Florida led the nation in traffic fatalities among people 65 or older, according to a report released this month by the AAA Foundation.  Warning of the coming “challenges presented by an aging population of motorists,” the Foundation is urging Florida and other states to develop consistent and comprehensive standards for judging whether drivers are fit to get behind the wheel; regardless of their age.  Indeed, teenagers represent the largest percentage of drivers involved in Florida automobile accidents. </p>
<p>Florida’s road can be a dangerous place, making it more important than ever to purchase as much uninsured motorist protection insurance coverage (UM) as possible, including the option of purchasing stacked coverage.  Many people do not appreciate the significance of UM coverage until they are involved in a car accident with an uninsured or underinsured driver.  Without UM coverage, there is no way to recover for the loss.  </p>
]]></content:encoded>
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		<title>How to prevent becoming a victim of medical mistakes</title>
		<link>http://dwklaw.com/blog/2008/07/11/how-to-prevent-becoming-a-victim-of-medical-mistakes/</link>
		<comments>http://dwklaw.com/blog/2008/07/11/how-to-prevent-becoming-a-victim-of-medical-mistakes/#comments</comments>
		<pubDate>Fri, 11 Jul 2008 14:49:56 +0000</pubDate>
		<dc:creator>Samuel King</dc:creator>
		
		<category><![CDATA[Medical Malpractice]]></category>

		<category><![CDATA[Nursing Home Negligence]]></category>

		<category><![CDATA[Wrongful Death]]></category>

		<category><![CDATA[]]></category>

		<category><![CDATA[hospital accidents]]></category>

		<category><![CDATA[hospital errors]]></category>

		<category><![CDATA[medical errors]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/07/11/how-to-prevent-becoming-a-victim-of-medical-mistakes/</guid>
		<description><![CDATA[The HealthGrades Guide to America&#8217;s Hospitals and Doctors was released last month with important information for consumers about the quality of virtually every hospital in the country.  The reference guide also devotes several chapters to getting the best medical care, from finding the best doctor and hospital to protecting yourself from medical errors.
Medical errors [...]]]></description>
			<content:encoded><![CDATA[<p>The <a href="http://www.amazon.com/HealthGrades-Guide-Americas-Hospitals-Doctors/dp/1435104269">HealthGrades Guide to America&#8217;s Hospitals and Doctors</a> was released last month with important information for consumers about the quality of virtually every hospital in the country.  The reference guide also devotes several chapters to getting the best medical care, from finding the best doctor and hospital to protecting yourself from medical errors.</p>
<p><a href="http://www.dwklaw.com/pa-medical-malpractice.shtml">Medical errors</a> cost Americans nearly $9 billion from 2004 to 2006 and resulted in 238,337 potentially preventable <a href="http://www.dwklaw.com/pa-wrongful-death.shtml">deaths</a> among hospitalized patients, according to HealthGrades’ analysis of Medicare records.  &#8220;There can be enormous quality differences from one hospital to another, and one doctor to another, and this guide will point readers to the best care, wherever they live,&#8221; according to author Dr. Samantha Collier who also is HealthGrades&#8217; chief medical officer.</p>
<p>Dr. Collier offers several ways to avoid becoming the victim of <a href="http://www.dwklaw.com/pa-medical-malpractice.shtml">medical errors</a> while hospitalized.  Know your daily treatment plan and be prepared when the doctor arrives, ask nurses or doctors to address you by name to prevent them from giving you someone else&#8217;s medication, and have a family member or friend act as your advocate to help direct your care and keep track of your treatment plan.</p>
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		<title>New Motorcycle Safety Law In Florida</title>
		<link>http://dwklaw.com/blog/2008/07/09/new-motorcycle-safety-law-in-florida/</link>
		<comments>http://dwklaw.com/blog/2008/07/09/new-motorcycle-safety-law-in-florida/#comments</comments>
		<pubDate>Wed, 09 Jul 2008 13:39:00 +0000</pubDate>
		<dc:creator>Samuel King</dc:creator>
		
		<category><![CDATA[Motorcycle Accidents]]></category>

		<category><![CDATA[motorcycle accident]]></category>

		<category><![CDATA[motorcycle death]]></category>

		<category><![CDATA[motorcycle liability]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/07/09/new-motorcycle-safety-law-in-florida/</guid>
		<description><![CDATA[Beginning this month, new motorcyclists in Florida must successfully complete the Basic Rider Course through the Florida Rider Trainer Program before they can have the motorcycle endorsement added to their driver license.  This is a sensible law considering that 80 percent of motorcycle crashes injure or kill a rider (compared to only 20 percent [...]]]></description>
			<content:encoded><![CDATA[<p>Beginning this month, new motorcyclists in Florida must successfully complete the Basic Rider Course through the Florida Rider Trainer Program before they can have the motorcycle endorsement added to their driver license.  This is a sensible law considering that 80 percent of motorcycle crashes injure or kill a rider (compared to only 20 percent of passenger car crashes).</p>
<p>The overwhelming number of motorcyclists involved in solo crashes did not follow the basic but important rules of riding, according to the Motorcycle Safety Foundation which advocates that motorcyclists receive training and licensure, wear protective gear, ride unimpaired and within their limits, and be lifelong learners by taking refresher riding courses.  </p>
<p>To find a local Basic Rider Course sponsor or teacher in your area, visit http://motorcycles.hsmv.state.fl.us or call (850) 488-3286.</p>
]]></content:encoded>
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		<title>Florida leads the nation in boating fatalities</title>
		<link>http://dwklaw.com/blog/2008/06/19/florida-leads-the-nation-in-boating-fatalities/</link>
		<comments>http://dwklaw.com/blog/2008/06/19/florida-leads-the-nation-in-boating-fatalities/#comments</comments>
		<pubDate>Thu, 19 Jun 2008 17:31:32 +0000</pubDate>
		<dc:creator>Samuel King</dc:creator>
		
		<category><![CDATA[Boating accidents]]></category>

		<category><![CDATA[Personal Injury]]></category>

		<category><![CDATA[]]></category>

		<category><![CDATA[boating deaths]]></category>

		<category><![CDATA[jet ski accidents]]></category>

		<category><![CDATA[watercraft accidents]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/06/19/florida-leads-the-nation-in-boating-fatalities/</guid>
		<description><![CDATA[Memorial Day marked the unofficial start of summer with many Central Floridians planning to enjoy a variety of watercraft activities on the region’s more than 2,700 large lakes.  However, watercraft enthusiasts beware.  
Florida led the nation in boating fatalities last year, according to statistics from the Florida Fish and Wildlife Conservation Commission.  [...]]]></description>
			<content:encoded><![CDATA[<p>Memorial Day marked the unofficial start of summer with many Central Floridians planning to enjoy a variety of watercraft activities on the region’s more than 2,700 large lakes.  However, watercraft enthusiasts beware.  </p>
<p>Florida led the nation in boating fatalities last year, according to statistics from the Florida Fish and Wildlife Conservation Commission.  This is the 16th time in 20 years that Florida has topped the list, prompting the Commission to approve a plan for mandatory boater education requirements phased in over the next 11 years, according to the Associated Press.  </p>
<p>Last year, 70 percent of all <a href="http://www.dwklaw.com/pa-personal-injury.shtml">boating accidents</a> involved operators with no formal safety education; for fatalities, that number was 85 percent, the AP reported, adding that state officials believe mandatory education could reduce the number of fatalities by as much as 25 percent.</p>
<p>Boating safety is no accident.  Please read our <a href="http://www.dwklaw.com/messageexpress/2008mar-details.html">firm newsletter</a> that addresses the importance of practicing watercraft safety and provides information on local boating courses is available from the U.S. Coast Guard. </p>
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		<title>Rising Nursing Home Abuse: Who’s To Blame?</title>
		<link>http://dwklaw.com/blog/2008/05/29/rising-nursing-home-abuse-who%e2%80%99s-to-blame/</link>
		<comments>http://dwklaw.com/blog/2008/05/29/rising-nursing-home-abuse-who%e2%80%99s-to-blame/#comments</comments>
		<pubDate>Thu, 29 May 2008 19:00:35 +0000</pubDate>
		<dc:creator>Brian Wilson</dc:creator>
		
		<category><![CDATA[Nursing Home Negligence]]></category>

		<category><![CDATA[elderly abuse and exploitation]]></category>

		<category><![CDATA[financial exploitation]]></category>

		<category><![CDATA[nursing home abuse]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/05/29/rising-nursing-home-abuse-who%e2%80%99s-to-blame/</guid>
		<description><![CDATA[Abuse and neglect of Florida&#8217;s elderly have risen a dramatic 15 percent in the past year, according to a report in the Orlando Sentinel.  So far this fiscal year, the Florida Department of Children and Families (DCF) has received about 4,050 reports from Orange, Osceola, Brevard and Seminole counties alone.
Our firm has seen a [...]]]></description>
			<content:encoded><![CDATA[<p>Abuse and neglect of Florida&#8217;s elderly have risen a dramatic 15 percent in the past year, according to a report in the <a href="http://www.orlandosentinel.com/community/news/winterpark/orl-elderabuse2808may28,0,7468037.story">Orlando Sentinel</a>.  So far this fiscal year, the <a href="http://www.dcf.state.fl.us/news/20080527adultprotsvcs.shtml">Florida Department of Children and Families</a> (DCF) has received about 4,050 reports from Orange, Osceola, Brevard and Seminole counties alone.</p>
<p>Our firm has seen a significant increase in <a href="http://www.dwklaw.com/pa-nursinghome-neglect.shtml">elder abuse</a> cases since the Florida legislature passed nursing home protections in response to the industry’s claims that frivolous lawsuits were rampant during the 1990s and early this decade.  However, during this same period, we also saw a steady decrease in the number of cases involving <a href="http://www.dwklaw.com/pa-nursinghome-neglect.shtml">elder abuse</a>.  </p>
<p>DCF has called for increased training of investigators and greater vigilance by neighbors and family.  DCF Secretary Bob Butterworth attributes the increasing abuse to a struggling economy when tempers flare and predators seek out the elderly for financial gain.</p>
<p>From my perspective, the increasing reports of <a href="http://www.dwklaw.com/pa-nursinghome-neglect.shtml">elder abuse</a> and neglect have occurred because there is limited financial consequence for the nursing home industry due to the protections passed by the Florida legislature.  Coincidence or not?  </p>
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		<title>Two-Thirds Of Teens Killed In Nighttime Car Crashes Were Unbuckled</title>
		<link>http://dwklaw.com/blog/2008/05/21/two-thirds-of-teens-killed-in-nighttime-car-crashes-were-unbuckled/</link>
		<comments>http://dwklaw.com/blog/2008/05/21/two-thirds-of-teens-killed-in-nighttime-car-crashes-were-unbuckled/#comments</comments>
		<pubDate>Wed, 21 May 2008 15:09:18 +0000</pubDate>
		<dc:creator>Samuel King</dc:creator>
		
		<category><![CDATA[Car Accidents]]></category>

		<category><![CDATA[Car accident]]></category>

		<category><![CDATA[fatal accident]]></category>

		<category><![CDATA[negligence]]></category>

		<category><![CDATA[Wrongful Death]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/05/21/two-thirds-of-teens-killed-in-nighttime-car-crashes-were-unbuckled/</guid>
		<description><![CDATA[Despite governmental awareness programs and parental oversight and pleading, more than two-thirds of young drivers and passengers killed in nighttime car crashes aren’t wearing seat belts, according to research by the National Highway Traffic Safety Administration.  This is an alarming statistic for parents of teenagers.
In response, this year’s NHTSA “Click It or Ticket” seat [...]]]></description>
			<content:encoded><![CDATA[<p>Despite governmental awareness programs and parental oversight and pleading, more than two-thirds of young drivers and passengers killed in nighttime <a href="http://www.dwklaw.com/pa-auto-accidents.shtml">car crashes</a> aren’t wearing seat belts, according to <a href="http://www-nrd.nhtsa.dot.gov/Pubs/810948.PDF">research </a>by the National Highway Traffic Safety Administration.  This is an alarming statistic for parents of teenagers.</p>
<p>In response, this year’s NHTSA <a href="http://www.nhtsa.gov/portal/site/nhtsa/menuitem.ce4a601cdfe97fc239d17110cba046a0/">“Click It or Ticket” seat belt enforcement campaign</a>, which began on May 19, will focus on nighttime seat belt use when the odds of being killed in a <a href="http://www.dwklaw.com/pa-auto-accidents.shtml">car crash</a> are three times greater. </p>
<p>Too often, our practice sees the catastrophic results when unbelted drivers and occupants are involved in <a href="http://www.dwklaw.com/pa-auto-accidents.shtml">car crashes</a>.  The lesson learned from the vast majority of these cases is that serious injury and death can be avoided by making seat belt use a habit for both drivers and passengers.</p>
<p>“Seat belt use among young drivers and occupants is not what it should be, especially at night when the risk of dying in a <a href="http://www.dwklaw.com/pa-auto-accidents.shtml">crash </a>triples,” said NHTSA Administrator Nicole Nason.  “Clearly, we need to do more to make people of all ages understand that – whether traveling by car, SUV or truck – a seat belt is the best way to stay alive, day or night.”</p>
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		<title>Consider Adding Flood Insurance For Hurricane Damages</title>
		<link>http://dwklaw.com/blog/2008/05/09/consider-adding-flood-insurance-for-hurricane-damages/</link>
		<comments>http://dwklaw.com/blog/2008/05/09/consider-adding-flood-insurance-for-hurricane-damages/#comments</comments>
		<pubDate>Fri, 09 May 2008 17:53:34 +0000</pubDate>
		<dc:creator>Anthony Sos</dc:creator>
		
		<category><![CDATA[ Insurance Company Bad Faith]]></category>

		<category><![CDATA[flood damage]]></category>

		<category><![CDATA[flood insurance]]></category>

		<category><![CDATA[hurricane insurance]]></category>

		<category><![CDATA[insurance claims]]></category>

		<category><![CDATA[property damage claims]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/05/09/consider-adding-flood-insurance-for-hurricane-damages/</guid>
		<description><![CDATA[The 2008 hurricane season is just three weeks away, and forecasters are predicting a well above average season with 15 named storms, eight hurricanes, and four intense hurricanes.  This week, the Orlando Sentinel reminded homeowners to check their insurance policies to make sure they have enough coverage for damages that might occur during a [...]]]></description>
			<content:encoded><![CDATA[<p>The 2008 hurricane season is just three weeks away, and forecasters are predicting a well above average season with 15 named storms, eight hurricanes, and four intense hurricanes.  This week, the <a href="http://www.orlandosentinel.com/business/orl-checkup0808may08,0,3428547.story">Orlando Sentinel</a> reminded homeowners to check their insurance policies to make sure they have enough coverage for damages that might occur during a major storm.  “The most important thing to look for in a policy is whether it will pay enough to rebuild or repair a home, replace belongings and cover living expenses.”  </p>
<p>I commend the Orlando Sentinel for this article and particularly reporter Anika Myers Palm’s reference to flood insurance.  </p>
<p>After the tough hurricane season Florida endured in 2004, the insurance industry successfully lobbied for legislation that provides more protection for itself than it does for homeowners.  For instance, insurance companies now have less of a burden to provide coverage for damage resulting from a flood.  As a result, the door is open for <a href="http://dwklaw.com/pa-insurance-company.shtml">self-interested insurance companies</a> to claim that damage was caused by flood as opposed to wind driven rain.  </p>
<p>As such, I highly recommend that homeowners purchase flood insurance even if they don’t live in a flood zone.  </p>
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