Labor Relations Board Rulings Could Be Undone



By ruling that Mr. Obama’s three recess appointments last January were illegal, the federal appeals court ruling, if upheld, would leave the board with just one member, short of the quorum needed to issue any rulings. The Obama administration could appeal the court ruling, but no announcement was made on Friday.


If the Supreme Court were to uphold Friday’s ruling, issued by the United States Court of Appeals for the District of Columbia Circuit, it would mean that the labor board did not have a quorum since last January and that all its rulings since then should be nullified.


Many Republicans and business groups applauded Friday’s ruling. They often assert that the appointments Mr. Obama made to the board have transformed it into a tool of organized labor. But many Democrats and labor unions say Mr. Obama’s appointments restored ideological balance to the board after it was tipped in favor of business interests under President George W. Bush


Mark G. Pearce, the board’s chairman, issued a statement saying the board disagreed with the ruling and suggested that other appeals courts hearing cases about the constitutionality of Mr. Obama’s appointments could reach a different conclusion.


“In the meantime, the board has important work to do,” said Mr. Pearce, whose agency oversees enforcement of the laws governing strikes and unionization drives. “We will continue to perform our statutory duties and issue decisions.”


Unless the Senate confirms future nominees to the board — Senate Republicans have blocked several of Mr. Obama’s board nominees — Mr. Pearce will be the only member left if Friday’s ruling is upheld. The board has five seats.


Representative Darrell Issa, a California Republican who is the chairman of the Oversight and Government Reform Committee, issued a statement that urged the recess appointees to “do the right thing and step down.” He added, “To avoid further damage to the economy, the N.L.R.B. must take the responsible course and cease issuing any further opinions until a constitutionally sound quorum can be established.”


The three disputed recess appointees included two Democrats, Sharon Block, deputy labor secretary, and Richard Griffin, general counsel to the operating engineers’ union; and one Republican, Terence Flynn, a counsel to a board member. Mr. Flynn resigned last May after being accused of leaking materials about the group’s deliberations. Another Republican member, Brian Hayes, stepped down when his term expired last month.


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Palmdale woman accused of torturing her children









Neighbors of a Palmdale woman charged with assaulting and torturing two of her children said Thursday that they never even realized she had kids.


The siblings — a boy, 8, and girl, 7 — did not play outside and were rarely seen, said Cynthia Otero, who runs a day care center at a home opposite the house in the 39000 block of Clear View Court where Ingrid Brewer is alleged to have mistreated the youngsters.


Otero said that when she recently spotted the children getting out of a car, she thought Brewer, 50, "might be baby-sitting."








So neighbors in the suburban cul-de-sac were the more shocked when word spread that Brewer was arrested on suspicion of crimes against her children, she said. Brewer is being charged with eight felony counts, including torture, assault with a deadly weapon and cruelty to a child.


According to authorities, Brewer reported the children missing Jan. 15, prompting a search by deputies from the Los Angeles County Sheriff's Palmdale Station. The youngsters were found hours later hiding under a blanket near a parked car on a street close to their home. They were without winter clothes in 20-degree weather, authorities said.


Sgt. Brian Hudson, a spokesman for the sheriff's Special Victims Bureau, said the children told investigators they ran away because Brewer deprived them of food, locked them in separate bedrooms when she went to work each day, bound their hands behind their backs with zip ties and beat them with electrical cords and a hammer. The youngsters also said that when they were locked in the bedrooms and needed to use the bathroom, they instead had to use wastebaskets, Hudson said.


They fled because "they were tired of being tied up and beaten," Hudson said.


Hudson said both children had injuries consistent with the alleged abuse, including marks on their wrists indicating they had been restrained and "numerous bruising and abrasions over their bodies." They told investigators the mistreatment had been happening since Halloween.


Neighbors interviewed by authorities said they had never noticed anything suspicious but "hardly ever saw the two children," Hudson said. Otero and another neighbor said Brewer did not make friends on the block.


Otero said Brewer was "unfriendly" and typically ignored verbal greetings and waves.


According to sheriff's officials, Brewer, a certified nursing assistant who works in Los Angeles and has adult children, adopted the young siblings about a year ago from foster care. They were home schooled.


Neil Zanville, a spokesman for the county Department of Children and Family Services, said his agency was legally prohibited from disclosing any case-specific information about past or present clients. But in a written statement, the agency's director, Philip Browning, called the report disturbing.


"While we cannot confirm or deny whether this family is under our supervision, I am personally looking into this situation to determine what role, if any, our department had in these children's lives," Browning said.


Sheriff's officials said Thursday that the children were "doing great" despite their injuries.


Otero lamented that they had been made to suffer.


"It's just so sad," said the neighbor, who has a 5-year-old daughter and 8-year-old twins. "I wish they would have knocked on my door. I would have helped them."


Brewer is in the custody of the Sheriff's Department, with bail set at $2 million. She is scheduled to appear in court Thursday, Hudson said.


ann.simmons@latimes.com


Times staff writer Kate Mather contributed to this report.





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A Google-a-Day Puzzle for Jan. 25











Our good friends at Google run a daily puzzle challenge and asked us to help get them out to the geeky masses. Each day’s puzzle will task your googling skills a little more, leading you to Google mastery. Each morning at 12:01 a.m. Eastern time you’ll see a new puzzle posted here.


SPOILER WARNING:
We leave the comments on so people can work together to find the answer. As such, if you want to figure it out all by yourself, DON’T READ THE COMMENTS!


Also, with the knowledge that because others may publish their answers before you do, if you want to be able to search for information without accidentally seeing the answer somewhere, you can use the Google-a-Day site’s search tool, which will automatically filter out published answers, to give you a spoiler-free experience.


And now, without further ado, we give you…


TODAY’S PUZZLE:



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Ken is a husband and father from the San Francisco Bay Area, where he works as a civil engineer. He also wrote the NYT bestselling book "Geek Dad: Awesomely Geeky Projects for Dads and Kids to Share."

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Damon ‘hijacks’ Kimmel’s ABC show






NEW YORK (AP) — Matt Damon had his revenge.


The butt of a long-running joke on ABC’s “Jimmy Kimmel Live,” the actor opened Thursday night’s show as a kidnapper who tied Kimmel to a chair with duct tape and gagged him with his own tie.






“There’s a new host in town and his initials are M.D.,” Damon said. “That’s right, the doctor is in.”


For years, Kimmel has joked at the end of his show that he ran out of time and was unable to bring Damon on as a guest. Kimmel was the silent one Thursday, watching from the back of the stage as Damon did his job.


Damon tormented Kimmel by bringing on a succession of big-name guests. Robin Williams stopped by to finish the monologue. Ben Affleck had a walk-on role. Sheryl Crow was the bandleader and performed her new single. Nicole Kidman, Gary Oldman, Amy Adams, Reese Witherspoon and Demi Moore all crowded the talk show’s couch.


“I’ve been waiting for this moment for a long, long time,” Damon said. “This is like when I lost my virginity, except this is going to last way longer than one second.”


Damon’s guest hosting turn came at a key time for Kimmel. ABC earlier this month moved the show to 11:35 p.m. ET and PT after a decade of airing it a half hour later, putting him in direct competition with Jay Leno and David Letterman.


Thursday’s special program aimed for the same water-cooler status as a memorably lewd short film Damon made for the show a few years ago with Kimmel’s then-girlfriend, Sarah Silverman. It went viral and remains probably the best-known skit in the show’s history.


To twist the knife even further, Damon brought Silverman on as his final guest Thursday night, with Kimmel looking on forlornly as she likened their five-year relationship to an unfortunate trip to a hot dog vendor.


“Is there anything you’d like to say to Jimmy?” Damon asked.


“No, I’m good,” Silverman replied.


Then came the sweetest revenge of all, with Damon promising to ungag Kimmel in the show’s final minutes.


“Wait,” he said. “I’m sorry. We’re out of time.”


Entertainment News Headlines – Yahoo! News





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The New Old Age Blog: Time to Recognize Mild Cognitive Disorder?

The Diagnostic and Statistical Manual of Mental Disorders, published and periodically updated by the American Psychiatric Association, is one of those documents few laypeople ever read, but many of us are affected by.

It can make it easier or harder to get an insurance company or Medicare to cover treatments, for example. It factors into a variety of legal and governmental decisions.

And on a personal basis, a psychiatric diagnosis may be welcome (having a name and a treatment plan for what’s bothering us can be comforting) or not (are we really suffering from a mental disorder if we seem depressed after a family member dies?).

That last question refers to a change in the new DSM5, to be published in May, that has generated considerable controversy and that I discussed in an earlier post: the removal of the “bereavement exclusion,” once part of the diagnosis of Major Depressive Disorder.

Another element of the revised DSM could also affect readers: It will include something called Mild Neurocognitive Disorder. The task force revising the manual wanted to align psychiatry with the rest of medicine, which has already begun to distinguish between levels of impairment, said its chairman, David Kupfer, a University of Pittsburgh psychiatrist.

True enough, as we have reported before. Neurologists call it Mild Cognitive Impairment, a stage where cognitive decline becomes noticeable enough to affect daily functioning, yet people can still live independently and have not progressed to dementia.

In fact, a large proportion of people with mild cognitive problems never will develop dementia — but doctors and researchers cannot yet determine who will and who won’t. Biomarkers that could identify the biological brain changes that presage dementia are still years away.

Will it be helpful, then, for health professionals using the DSM5 — most of them not psychiatrists, but primary care doctors — to begin diagnosing Mild Neurocognitive Disorder? Particularly as there is no treatment that can reverse it or reliably slow its progression, if it would progress?

Dr. Ronald Petersen, director of the Mayo Clinic’s Alzheimer’s Disease Research Center and a member of the working group that developed the new DSM5 criteria, said he thought the newly recognized disorder would be useful. “The predementia phase is becoming increasingly important,” he told me in an interview.

Counseling could help people compensate for the memory loss and other deficits they are experiencing, for example. With a DSM-recognized diagnosis, those approaches are more likely to be covered by insurers.

Besides, “one argument against Alzheimer’s therapies is that we wait too late, when there’s too much damage to the central nervous system to repair,” Dr. Petersen said, referring to several recent disappointing drug trials. In the future, with earlier diagnoses, “you may be able to intervene, stop the process and forestall the dementia.”

But as we have seen with screening tests for other diseases, early detection does not always lead to better health or longer lives. It can, however, lead to unnecessary treatments and procedures involving risks of their own. Could that happen with Mild Neurocognitive Disorder?

“It will lead to wild overdiagnosis,” predicted Allen Frances, an emeritus professor of psychiatry at Duke and the chairman of the task force that developed the previous DSM edition. Indeed, about a quarter of people initially diagnosed with mild cognitive impairment are later determined to be normal, a prominent researcher told my colleague Judy Graham last year.

“People will get unnecessary tests and start getting weird treatments that have no proven efficacy,” said Dr. Frances, who has criticized a number of DSM5 changes. “They’re going to worry like crazy about being demented.”

Dr. Petersen agreed that it was a legitimate concern, but “by and large, we’re becoming better at distinguishing between the normal cognitive effects of aging and disease.” (The American Psychiatric Association will publish a specialized DSM for primary care physicians, Dr. Kupfer pointed out, to help guide them through diagnoses.)

It is hard for patients and families to know how to react when experts disagree. But keep in mind that contemporary health care aims for what is called shared decision-making. That means patients and professionals discuss options and weigh the risks and benefits of treatments and procedures, their likely outcomes, patients’ preferences, and come to agreement on how to proceed. This essay in the New England Journal of Medicine calls shared decision-making “the pinnacle of patient-centered care.”

So when Dr. Frances refers to the DSM5 as “a guide, not a bible,” and urges skepticism about some of its diagnoses, he is advocating an approach that patients and families should probably bring to any medical decision.

Seeking further information, asking questions, assessing options — those are reasonable responses if, a few weeks after a loved one’s death, a doctor says you may have major depression. Or if she thinks your memory loss could mean Mild Neurocognitive Disorder.

“The shorter the evaluation, the less the person knows you, the less he or she can explain and justify the diagnosis, the more tests and treatments that will result, the more a person should be cautious and get a second opinion,” Dr. Frances said.

Whatever the DSM5 says, it’s hard to argue with that.

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Storm-Damaged Homes Mean Lower Property Tax Revenues in New York Region





Localities across the New York region, already reeling from the cost of cleaning up from Hurricane Sandy, are confronting the prospect of an even bigger blow to their finances: a precipitous decline in property tax revenues.




The storm damaged tens of billions of dollars’ worth of real estate, especially in coastal areas of Long Island and New Jersey. As a result, localities can no longer expect to reap the same taxes from properties that have lost much of their value — in some cases, permanently.


Without new revenues, state and local officials and Wall Street analysts said, these areas may have to make deep cuts in spending on schools, police and fire departments and other services. They also may be hard-pressed to finance rebuilding.


“Absolutely, this is going to be devastating for several years,” said Ester Bivona, former president of the New York State Receivers and Collectors Association, which represents local tax officials.


The Division of Local Government Services in New Jersey estimated this month that more than a dozen municipalities in the state could lose at least 10 percent of their tax bases. About another 10 face a drop between 5 percent and 10 percent, state and local officials said.


Among the worst hit is Toms River, one of New Jersey’s largest municipalities, with 90,000 people. It recently warned Wall Street that property tax receipts could drop 10 percent to 15 percent, according to its financial disclosure documents.


Down the coast, the tiny borough of Tuckerton lost close to 20 percent of its property tax base. In Sea Bright, nearly half the homes are uninhabitable.


The situation is similar on Long Island, according to interviews with officials there.


The village of Freeport in Nassau County expects that many of its 15,000 homeowners will qualify for reductions in property tax bills, erasing at least 5 percent of property tax revenues and probably far more.


Experts said the looming revenue crisis for localities in the region underscores how natural disasters can have a profound effect long after the debris is gone.


If localities try to raise overall tax rates to make up for looming deficits, they may touch off a backlash from homeowners with undamaged properties.


“My thing is to encourage property owners to not seek reassessments because you’re going to pay on one end or the other,” said Andrew Hardwick, Freeport’s mayor. “If too many people seek reassessment and are successful with it, that means, how do you pay the bills on the other end? You raise the taxes again? It doesn’t make sense.”


Some localities, like Long Beach, on Long Island, had shaky finances before the storm and are now in deeper trouble, according to local budget records. But many others had been on solid financial ground.


Two major bond-rating agencies, Moody’s Investors Service and Standard & Poor’s, have expressed concerns in recent weeks about the fiscal stability of numerous municipalities in the region.


New York City and county governments in New York are far less reliant on property taxes than localities, so they are expected to have an easier time weathering a drop in the value of the tax base caused by storm damage. The city, for example, has its own income and business taxes.


What’s more, the city and county governments in both states have a much broader property tax base than small localities.


The $50.7 billion Hurricane Sandy relief bill approved this month by the House of Representatives provides up to $300 million in low-interest loans for localities facing shortfalls. The Senate has supported a similar provision in its own relief package.


But some local officials said such financing was not nearly enough. States themselves have not yet sent aid, and senior state officials said they were not inclined to do so until federal money was exhausted.


“It’s a pretty inescapable conclusion that there will be an impact on the tax base,” said Michael Drewniak, chief spokesman for Gov. Chris Christie of New Jersey.


“In many instances, we had homes completely wiped out or severely damaged to the point they were rendered uninhabitable,” Mr. Drewniak said. “That left behind rebuildable land but, in the meantime, no ‘improvements’ to tax. In other cases, people may find it cost prohibitive to rebuild at all, depending on their individual circumstances.”


It could be a year or two before the aftereffects are fully understood, given that localities will have to assess damaged properties before lowering property taxes on them.


Griff Palmer contributed reporting.



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California bills target false 911 calls in 'swatting' cases









SACRAMENTO — Alarmed that pranksters have called 911 to report false emergencies at the homes of celebrities including Justin Bieber and Tom Cruise, two Southern California legislators have proposed laws to get tougher with anyone engaged in "swatting."


A bill announced Wednesday by state Sen. Ted Lieu (D-Torrance) would allow longer sentences for and greater restitution from those convicted of making false reports to the police. Los Angeles County Sheriff Lee Baca asked for the measure.


A similar proposal has been introduced by Assemblyman Mike Gatto (D-Los Angeles).





"The recent spate of phony reports to law enforcement officials that the home of an actor or singer is being robbed or held hostage is dangerous, and it's only a matter of time before there's a tragic accident," said Lieu.


On Monday, someone called police with a false report of domestic violence and a possible shooting at the Hollywood Hills home of singer Chris Brown, who was not there at the time.


Last week, a report of shots fired sent a Beverly Hills police SWAT team to surround the home of actor Tom Cruise.


Also last week, a 12-year-old boy was charged with making false threats about supposed incidents at the homes of Bieber and actor Ashton Kutcher.


Others believed to have been targets of swatting incidents in the last year include "The X Factor" judge Simon Cowell, singer Miley Cyrus and the Kardashian-Jenner family.


Baca asked Lieu to introduce a bill "because this phenomenon is increasingly becoming more of a challenge," said Steve Whitmore, a spokesman for the sheriff. "He believes increasing the penalties, including increased jail time and financial responsibility, will bring this serious, albeit new, crime to the forefront, exactly where it belongs."


Gatto and Lieu both propose that those convicted of making false 911 reports be liable for all costs associated with the police response. Such pranks are "a complete waste of law enforcement resources," said Gatto.


The Assemblyman's measure, AB 47, would also increase the maximum fine for conviction from $1,000 to $10,000 and make it easier to file murder charges if someone is killed in a swatting incident.


Existing penalties for false 911 reports include up to one year in jail, but an offender may get probation with no jail time. Lieu, a military reserve prosecutor, wants to set a minimum sentence of 120 days in jail.


Lieu's proposal also would make it easier to charge someone with a felony if a victim is hurt as a result of a prank call. In felony cases, the penalty could increase to three years in jail. And prosecutors would no longer have to show that the prankster knew injury or death would occur.


Both bills would apply to incidents involving anyone in California, not just celebrities. But the Legislature has drawn criticism in the past for measures intended primarily to protect the famous.


In 2009 and 2010, the Legislature and then-Gov. Arnold Schwarzenegger approved laws restricting paparazzi, including one that stiffened penalties for those caught driving recklessly or blocking sidewalks to photograph celebrities.


patrick.mcgreevy@latimes.com





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A Google-a-Day Puzzle for Jan. 24











Our good friends at Google run a daily puzzle challenge and asked us to help get them out to the geeky masses. Each day’s puzzle will task your googling skills a little more, leading you to Google mastery. Each morning at 12:01 a.m. Eastern time you’ll see a new puzzle posted here.


SPOILER WARNING:
We leave the comments on so people can work together to find the answer. As such, if you want to figure it out all by yourself, DON’T READ THE COMMENTS!


Also, with the knowledge that because others may publish their answers before you do, if you want to be able to search for information without accidentally seeing the answer somewhere, you can use the Google-a-Day site’s search tool, which will automatically filter out published answers, to give you a spoiler-free experience.


And now, without further ado, we give you…


TODAY’S PUZZLE:



Note: Ad-blocking software may prevent display of the puzzle widget.




Ken is a husband and father from the San Francisco Bay Area, where he works as a civil engineer. He also wrote the NYT bestselling book "Geek Dad: Awesomely Geeky Projects for Dads and Kids to Share."

Read more by Ken Denmead

Follow @fitzwillie and @geekdads on Twitter.



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Broadway’s “Spider-Man” producers, Taymor, near settlement, again






NEW YORK (Reuters) – The producers of “Spider-Man: Turn Off The Dark” and Julie Taymor, the musical’s ousted director, are once again ready to settle their long-running court case, a court filing showed on Wednesday.


“We anticipate notifying the Court within the next week that a final settlement agreement has been executed,” attorney Charles T. Spada, who represents Taymor, wrote in a January 22 letter to U.S. District Judge Katherine Forrest in Manhattan.






The letter comes less than two weeks after the parties resumed litigation after failing to reach a final settlement of Taymor‘s copyright infringement lawsuit, court records show.


The latest development comes five months after Taymor had reached a settlement in principle with 8 Legged Productions, the producer, in the copyright infringement case


“Spider-Man,” which became a hit, got off to a disastrous start in 2010 with opening night delays, injured actors and the firing of Taymor, who won a Tony Award for her work on “The Lion King.” She sued 8 Legged Productions in November 2011.


Any settlement is conditioned on 8 Legged Productions coming to terms with Marvel Entertainment, a unit of Walt Disney Co, to extend its license to produce the musical in other venues, Spada wrote in a December 19 letter to the judge.


In Wednesday’s letter, Spada said an agreement between the producer and Marvel to amend the license is likely within days.


Taymor and 8 Legged Productions intend to execute their agreement at the same time, the letter said.


“We are moving closer to finalizing the settlement,” Dale Cendali, a lawyer for 8 Legged Productions, said in an email.


A spokesperson for Marvel didn’t immediately respond to requests for comment.


The case is Julie Taymor et al v. 8 Legged Productions et al, U.S. District Court for the Southern District of New York, No. 11-cv-8002.


(Reporting By Karen Freifeld; Editing by Jeremy Laurence)


Music News Headlines – Yahoo! News





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Well: Long Term Effects on Life Expectancy From Smoking

It is often said that smoking takes years off your life, and now a new study shows just how many: Longtime smokers can expect to lose about 10 years of life expectancy.

But amid those grim findings was some good news for former smokers. Those who quit before they turn 35 can gain most if not all of that decade back, and even those who wait until middle age to kick the habit can add about five years back to their life expectancies.

“There’s the old saw that everyone knows smoking is bad for you,” said Dr. Tim McAfee of the Centers for Disease Control and Prevention. “But this paints a much more dramatic picture of the horror of smoking. These are real people that are getting 10 years of life expectancy hacked off — and that’s just on average.”

The findings were part of research, published on Wednesday in The New England Journal of Medicine, that looked at government data on more than 200,000 Americans who were followed starting in 1997. Similar studies that were done in the 1980s and the decades prior had allowed scientists to predict the impact of smoking on mortality. But since then many population trends have changed, and it was unclear whether smokers today fared differently from smokers decades ago.

Since the 1960s, the prevalence of smoking over all has declined, falling from about 40 percent to 20 percent. Today more than half of people that ever smoked have quit, allowing researchers to compare the effects of stopping at various ages.

Modern cigarettes contain less tar and medical advances have cut the rates of death from vascular disease drastically. But have smokers benefited from these advances?

Women in the 1960s, ’70s and ’80s had lower rates of mortality from smoking than men. But it was largely unknown whether this was a biological difference or merely a matter of different habits: earlier generations of women smoked fewer cigarettes and tended to take up smoking at a later age than men.

Now that smoking habits among women today are similar to those of men, would mortality rates be the same as well?

“There was a big gap in our knowledge,” said Dr. McAfee, an author of the study and the director of the C.D.C.’s Office on Smoking and Public Health.

The new research showed that in fact women are no more protected from the consequences of smoking than men. The female smokers in the study represented the first generation of American women that generally began smoking early in life and continued the habit for decades, and the impact on life span was clear. The risk of death from smoking for these women was 50 percent higher than the risk reported for women in similar studies carried out in the 1980s.

“This sort of puts the nail in the coffin around the idea that women might somehow be different or that they suffer fewer effects of smoking,” Dr. McAfee said.

It also showed that differences between smokers and the population in general are becoming more and more stark. Over the last 20 years, advances in medicine and public health have improved life expectancy for the general public, but smokers have not benefited in the same way.

“If anything, this is accentuating the difference between being a smoker and a nonsmoker,” Dr. McAfee said.

The researchers had information about the participants’ smoking histories and other details about their health and backgrounds, including diet, alcohol consumption, education levels and weight and body fat. Using records from the National Death Index, they calculated their mortality rates over time.

People who had smoked fewer than 100 cigarettes in their lifetimes were not classified as smokers. Those who had smoked at least 100 cigarettes but had not had one within five years of the time the data was collected were classified as former smokers.

Not surprisingly, the study showed that the earlier a person quit smoking, the greater the impact. People who quit between 25 and 34 years of age gained about 10 years of life compared to those who continued to smoke. But there were benefits at many ages. People who quit between 35 and 44 gained about nine years, and those who stopped between 45 and 59 gained about four to six years of life expectancy.

From a public health perspective, those numbers are striking, particularly when juxtaposed with preventive measures like blood pressure screenings, colorectal screenings and mammography, the effects of which on life expectancy are more often viewed in terms of days or months, Dr. McAfee said.

“These things are very important, but the size of the benefit pales in comparison to what you can get from stopping smoking,” he said. “The notion that you could add 10 years to your life by something as straightforward as quitting smoking is just mind boggling.”

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