BSkyB to offer sports channels online for daily fee

LONDON (Reuters) – BSkyB will offer its popular sports channels online for a daily fee, seeking new customers to offset slowing growth at its core pay-TV service amid sluggish consumer spending.

Sky, Britain’s dominant pay-TV group which provides fixed-line telephony, TV and broadband to 10.7 million households, has adapted its strategy during the economic downturn after years of chasing new subscribers to its core TV offering.

The group added 25,000 subscribers to its pay-TV service in the three months to the end of December, well down on the more than 100,000 users it used to routinely add each quarter.

In response, it has focused on selling more products such as high definition TV and broadband to existing customers, and moving online to reach those not willing to sign up to a monthly contract. The approach has enabled the group to consistently post strong financial results and pay higher dividends.

“Although we expect the consumer environment in 2013 to remain challenging, we have a strong set of plans for the year ahead,” Chief Executive Jeremy Darroch said on Thursday.

Darroch said the group would offer its sports channels, which show everything from Premier League soccer to Formula One motor racing and cricket, on its new online service called Now TV in the next few months.

Viewers, who do not need to sign up to a contract, will be able to pay 9.99 pounds to watch all six Sky Sports channels for 24 hours. It has already shown movies via the online offering to 25,000 customers since its launch last year.

The new internet drive will help BSkyB compete with existing online services such as Lovefilm and with BT Vision, which has won the right to show its own sports content, but it is also having to bet that its existing customers will not downgrade to the cheaper online offering to save money.

CUSTOMER LOYALTY

The group’s performance in the first half of the year showed that, despite the pressures on consumer spending, customer loyalty had remained relatively solid, with subscribers spending on average 568 pounds a year, up 24 pounds on the year before.

“Net additions were slightly below our estimates reflecting the tough consumer environment,” analysts at Numis said. “(But) encouragingly, take up of new products continues to increase, driving customer satisfaction and loyalty.”

Those customers taking all three main services – TV, broadband and telephony – accounted for 33 percent of the user base, up 4 percentage points year on year.

The rise in customers helped the group to post first-half operating profit up 8 percent to 647 million pounds ($ 1 billion) against a forecast of 632 million pounds. Cost control helped the group pay an interim dividend up 20 percent to 11 pence.

“We believe the BSkyB investment case has evolved over the past year or so, with the challenging consumer environment making the addition of new households to the (pay-TV) service more difficult,” Numis said.

“The group has rightly prioritized the increased penetration of multiple products, notably HD and broadband, which drive average revenue per user and reduce churn over the medium/long term. We are supportive of investment in products such as Now TV which offer an attractive risk/return in our view.”

Shares in BSkyB were up 1 percent to 819 pence in mid-morning trade, following a 21 percent rise in the last 12 months, and valuing the group at 13.2 billion pounds.

(Reporting by Kate Holton; Editing by Rhys Jones and Mark Potter)

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Appeals judges: Anti-paparazzi law appears legal

LOS ANGELES (AP) — An appeals panel says California's anti-paparazzi statute appears to be constitutional based on a brief filed by prosecutors.

A preliminary statement by three judges in Los Angeles requires a judge who dismissed charges aimed at a paparazzo who authorities say was driving recklessly to review his order. The judge may stick to his ruling, which would trigger a full appeal, or he could schedule further arguments on the case against freelance photographer Paul Raef.

Raef was the first person charged under the new law after a high-speed chase involving Justin Bieber last year.

Superior Court Judge Thomas Rubinson dismissed two charges in November, ruling the law is too broad and is unconstitutional.

Raef's attorney David S. Kestenbaum says he is asking Rubinson to stand by his ruling and allow a full appeal.

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Insurance Industry Report Faults High Fees for Out-of-Network Care

Michael Nagle for The New York Times

Angel Gonzalez, 36, faced huge bills after emergency gallbladder surgery, despite having good insurance coverage. “I was on the hook for more than I made in a year.”

Just over a year ago, Angel Gonzalez, 36, awoke with searing chest pain at 2 a.m. A friend drove him to the closest emergency room.

Though he was living on $18,000 a year as a graduate student, Mr. Gonzalez had good insurance and the hospital, St. Charles in Port Jefferson, N.Y., was in his network. But the surgeon who came in to remove Mr. Gonzalez’s gallbladder that Sunday night was not.

He billed Mr. Gonzalez $30,000, and an assistant billed an additional $30,000. Mr. Gonzalez’s policy covered out-of-network providers, but at a rate it considered appropriate: $2,000. “I was on the hook for more than I made in a year,” Mr. Gonzalez said.

A health insurance industry report to be released on Friday highlights the exorbitant fees charged by some doctors to out-of-network patients like Mr. Gonzalez. The report, by America’s Health Insurance Plans, or AHIP, contrasts some of the highest bills charged by non-network providers in 30 states with Medicare rates for the same services. Some of the charges, the insurers assert, are 30, 40 or nearly 100 times greater than Medicare rates.

Insurers hope to spotlight a vexing problem that they say the Affordable Care Act does little to address. “When you’re out of network, it’s a blank check,” said Karen Ignagni, president and chief executive of AHIP. “The consumer is vulnerable to ‘anything goes.’ ”

“Unless we deal with cost, we won’t have affordability,” she added. “And unless we have affordability, we won’t have people participating” under the Affordable Care Act.

Among the fees on the report’s list are a $6,205 outpatient office visit to a doctor in Massachusetts for which Medicare would have paid $152; a $12,000 bill for examining a tissue specimen in New York for which Medicare would have paid $128; and a $48,983 surgeon’s fee for a total hip replacement in New Jersey that Medicare would have reimbursed at $1,543. Many of the highest billers were in New York, Texas, Florida and New Jersey.

Elisabeth R. Benjamin, co-founder of the Health Care for All New York coalition, who is often at odds with the insurance industry, said that “is one area we totally agree on.” She continued, “Out-of-network billing is just out of control.”

Even when out-of-network fees are compared with average commercial insurance reimbursements, which are usually greater than Medicare, she said, “It’s pretty outrageous.”

Doctors say the report is skewed because it focuses on a few dozen cases of overcharging that are not representative of their billing. In response to the insurers’ report, the American Medical Association noted on Thursday that a recent analysis found that doctors’ services account for just 16 percent of health care costs.

“There are outliers in every profession, in every business,” said Dr. Andrew Y. Kleinman, a plastic surgeon who is vice president of the Medical Society of the State of New York.

Dr. Kleinman also noted that insurers had effectively shifted the costs of out-of-network care onto patients by changing reimbursement formulas. Instead of the rates commercial insurers usually pay doctors, insurers increasingly are basing their out-of-network payments on Medicare rates, usually far lower.

A growing number of high-end, flexible health plans offer policies that cover outside providers at, for example, 140 percent of Medicare. “They’re selling you an insurance product you can’t use,” Dr. Kleinman said. “You’re buying an insurance policy where the out-of-network benefit is worthless.”

The industry’s own report suggests that using Medicare rates as a benchmark will lead to patients’ picking up much more of the cost for out-of-network care, whether they carefully select a specialist or, as in the case of Mr. Gonzalez and many others, have no choice in the matter.

Had Mr. Gonzalez been 65 or older, Medicare would have paid only $958 for the surgery. The average commercial price is $12,292, according to FAIR Health, an independent nonprofit group that tracks information on health care costs.

But Mr. Gonzalez’s health plan, United Healthcare, determined the fee should be $1,273, of which the company paid $838. Mr. Gonzalez filed appeals, which were rejected. He then contacted Community Health Advocates at the Community Service Society of New York for help, and the group’s caseworkers negotiated with the surgeon on his behalf.

After months of wrangling, the surgeon agreed to accept a significantly reduced payment: $340.

Consumer advocates and health insurance executives are calling for greater transparency in health care pricing, including upfront disclosure of prices of medical procedures and services.

“The health care industry can give you an estimate, just like any other industry,” said Carrie H. Colla, an assistant professor at the Dartmouth Institute for Health Policy and Clinical Practice, noting that the Dartmouth-Hitchcock Medical Center has a patient price estimator online.  

“It’s just not current practice right now,” Dr. Colla said. “Sometimes a doctor won’t even know. The patient really has to push for it.”

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Hackers target Western news organizations in China

More than 30 journalists and executives at Western news organizations in China, including the New York Times and the Wall Street Journal, have had their computers hacked, according to the news organizations and a security firm that monitors such attacks.

Over the last four months, the hackers managed to infiltrate the Times' computers, the newspaper reported Thursday. It said hackers had penetrated its computers and obtained passwords for reporters and other employees.

The hackers have been blocked and security tightened to prevent another attack, which followed an investigation by the paper into finances of relatives of Wen Jiabao, China's premier.

Mandiant Corp., a security firm brought into the case by the Times, said it found that hackers using techniques associated with the Chinese military stole emails, contacts and files from 30 journalists and executives and maintained a short list of journalists whose accounts have been repeatedly attacked.

That finding, first reported in the New York Times, was part of a December report that was expected to be made public soon, a Mandiant spokeswoman said Thursday.

The Wall Street Journal said that it too had been targeted by Chinese hackers.

Paula Keve, spokeswoman for the Journal's parent company, Dow Jones & Co., said: "Evidence shows that infiltration efforts target the monitoring of the Journal's coverage of China, and are not an attempt to gain commercial advantage or to misappropriate customer information."

Bloomberg News was targeted as well — after it published an article June 29 about the wealth of relatives of Xi Jinping, the current general secretary of the Communist Party and the person expected to become president in March. No computer breach took place.

"Our security was not compromised," Ty Trippet, a spokesman for Bloomberg, said Thursday.

"Newspapers and journalists are high-value targets," said James Lewis, a senior fellow at the Center for Strategic and International studies. "They have really good sources, and they don't publish everything."

But they are just one target in many. Cyber-security experts say the United States has become increasingly vulnerable to foreign hackers who could target the nation's power grid, gas pipelines and other crucial infrastructure.

Those same hackers routinely and aggressively break into a wide range of corporate America's computers, including those of oil and financial companies.

Yet corporations have blocked legislation on Capitol Hill that would require higher standards to protect against breaches, saying it would be too costly and burdensome.

The full extent of how deeply hackers have penetrated into corporate America is not known. Companies are usually reluctant to talk publicly about attacks or to share information with the government.

"We know that every Fortune 500 company has had a problem, and probably every Fortune 1,000 company has had a problem too," Lewis said.

High-profile attacks like the ones that targeted Internet search giant Google Inc. three years ago may make it seem as if computer networks in the U.S. are under rising attack, but Lewis said networks are just under "sustained" attack.

"It's as bad as it can be. What's happening is that people are noticing it. That's a big change," Lewis said. "Four years ago nobody could spell cyber-security. Now everyone's waking up to the fact that the networks we depend on are totally insecure."

Cybersecurity experts said they are optimistic that the U.S. government is developing a cyber arsenal capable of repelling attacks.

Alan Paller, director of research at the SANS Institute, said the Defense Department has a growing ability to defend against sophisticated attacks — to protect crucial infrastructure and the Defense Department itself. It also has developed a "cyber offense," the ability to "project power" and to carry out sophisticated attacks itself, Paller said.

The hackers routed their attacks through computers at U.S. universities, according to the New York Times. Hackers installed malicious software that allowed them to enter the newspaper's computers. The software, known as malware, was "identified by computer security experts as a specific strain associated with computer attacks originating in China," the newspaper said.

Chinese officials denied they were responsible.

"Chinese laws prohibit any action including hacking that damages Internet security," China's Ministry of National Defense told the New York Times. It added: "To accuse the Chinese military of launching cyber attacks without solid proof is unprofessional and baseless."

Eileen M. Murphy, the Times' vice president for corporate communications, said Thursday the newspaper stood by the story.

michael.muskal@latimes.com

jessica.guynn@latimes.com

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Sen. Robert Menendez denies consorting with prostitutes

WASHINGTON -- Sen. Robert Menendez of New Jersey, a key player in the effort to overhaul immigration laws, denied allegations that he consorted with prostitutes during trips to the Dominican Republic with a longtime friend and campaign donor whose South Florida office was raided by the FBI.

FBI agents carted away records from the West Palm Beach office of Dr. Salomon Melgen, an ophthalmologist, on Tuesday night. A federal law enforcement official said Melgen was “one of their targets” in an investigation into healthcare fraud by the FBI and the U.S. attorney’s office in Miami.

The FBI declined to say Wednesday whether it was investigating Menendez, a Democrat who was reelected last year to his second Senate term.

Menendez is one of eight senators -- four Democrats and four Republicans -- who unveiled proposals Monday for sweeping changes to immigration laws, including a pathway to citizenship for millions of undocumented immigrants. He is on tap to chair the Senate Foreign Relations Committee.

In a statement issued by his office Wednesday, Menendez described Melgen as a “friend and political supporter … for many years,” and said he had traveled on Melgen’s plane on three occasions, “all of which have been paid for and reported appropriately.”

The statement added, “Any allegations of engaging with prostitutes are manufactured by a politically motivated right-wing blog and are false.”

The allegations were first published last fall by the Daily Caller, a conservative website, and were based on emails from a Yahoo account.

A watchdog group, Citizens for Responsibility and Ethics in Washington, obtained the emails last April. Melanie Sloan, executive director of the group, said her staff could not verify the information, and the sender of the emails, who called himself Peter Williams, never agreed to meet or talk on the phone.

In July, Sloan forwarded the emails to the FBI and the Justice Department.

“I’m still withholding judgment on what really happened,” Sloan said Wednesday.

A Miami-based FBI agent corresponded with Williams, according to emails published on a separate website. Reached on his cellphone Wednesday, the FBI agent declined to comment.

Melgen and his wife have contributed $427,000 to political candidates and campaigns since 1992, including $33,700 to benefit Menendez, according to the nonpartisan Center for Responsive Politics.

Melgen owns a $2.3-million home and a Canadair CL-600 Challenger corporate jet that has made frequent trips to the Dominican Republic, even as he has tangled with the Internal Revenue Service. Last May, the IRS filed an $11.1-million lien for back taxes, according to Florida court records.

joseph.tanfani@latimes.com 

richard.serrano@latimes.com

Maloy Moore in Los Angeles contributed to this report.

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RIM rebrands as BlackBerry; launches nifty new devices

NEW YORK (Reuters) – Research In Motion Ltd on Wednesday unveiled the long-delayed line of smartphones it hopes will put it on the comeback trail, but it disappointed investors by saying U.S. sales of its all-new BlackBerry 10 devices will not start until March, sending its share price tumbling 12 percent.

Chief Executive Thorsten Heins also announced that RIM was abandoning the name it has used since its inception in 1985 to take the name of its signature product, signaling his hopes for a fresh start for the company that pioneered on-your-hip email.

“From this point forward, RIM becomes BlackBerry,” Heins said at the New York launch. “It is one brand; it is one promise.”

RIM, which is already starting to call itself BlackBerry, had initially planned to launch the new BlackBerry 10 devices a year ago. But it pushed the release date back twice as it struggled to perfect a new operating system.

Ahead of Wednesday’s announcements, analysts had said that any launch after February would be a black mark for the Canada-based company.

“The biggest disappointment was the delay in the U.S., that it will take so long before the devices get going there,” said Eric Jackson, founder and managing Partner at Ironfire Capital LLC in New York.

Heins said the delays reflected the need for U.S. carrier testing, although carrier AT&T Inc offered few clues on what that meant. Instead, the carrier merely stated it was enthusiastic about the devices and would announce availability, pricing and other information at a later date.

“Carriers in all other parts of the world get their devices through the testing process significantly faster than the U.S. carriers do,” said John Jackson, an analyst at IDC, adding that the U.S. process can often take “weeks” longer.

Nevertheless investors were extremely disappointed with the delay and RIM shares on the Nasdaq ended the day 12 percent lower at $ 13.78. Its Toronto-listed shares fell by almost the same margin to close at C$ 13.86.

RIM launched its first BlackBerry back in 1999 as a way for busy executives to stay in touch with their clients and their offices, and the company quickly cornered the market for secure corporate and government emails.

But its star faded as competition rose and the BlackBerry is now a far-behind also-ran in the race for market share, with a 3.4 percent global showing in the fourth quarter – down from 20 percent three years before. Its North American market share is even smaller – a mere 2 percent in the fourth quarter.

RIM shares have tumbled along with the company’s market share and the stock is down 90 percent since its 2008 peak. Despite the pullback on Wednesday, RIM‘s share price has more than doubled over the last four months, reflecting the growing buzz about its new devices.

TOUCH COMPETITION

The new BlackBerry 10 phones will compete with Apple’s iPhone and devices using Google’s Android technology, both of which have soared above the BlackBerry in a competitive market.

The BlackBerry 10 devices boast fast browsers, new features, smart cameras and – unlike previous BlackBerry models – enter the market primed with a large application library, including services such as Skype and the popular game Angry Birds.

The BlackBerry Z10 touchscreen device, in black or white, will be the first to hit the market, with a country-by-country rollout that starts in Britain on Thursday.

A Q10 model, equipped with a small “qwerty” keyboard that RIM made into its trademark, will launch globally in April.

“I’m still confident that a lot of the subscriber base are going to want the upgrade to BlackBerry 10. It’s a very strong improvement over what they currently have. This is not going to cause mass defections from iOS and Android, but it doesn’t have to be a success for RIM. You’ve got to start somewhere,” said Jackson of Ironfire, which owns shares in RIM.

The Z10 device won a lukewarm review from The Wall Street Journal’s tech blogger Walt Mossberg, who complained of a shortage of apps.

On the other hand, David Pogue, who writes for The New York Times, apologized for describing BlackBerry as doomed in the past. The Z10 touchscreen device was “lovely, fast and efficient, bristling with fresh, useful ideas,” he said.

While technology analysts conceded that RIM has done quite a remarkable job on many of the features of BlackBerry 10 and on the array of its app selection for a new platform, many argue it will be a very tough slog for RIM to regain its crown.

“I don’t think that RIM will return to its glory days,” said Charles Golvin, analyst at Forrester Research. “Success for them looks like staunching the bleeding and clawing back a percentage or point or two of market share.”

Announcements about pricing so far have been in line with expectations. U.S. carrier Verizon Wireless said the phone would cost $ 199 for a two-year contract, while Canada’s Rogers Communications is quoting C$ 149 ($ 150) for certain three-year plans.

GLITZY LAUNCH

RIM picked a range of venues for its global launch parties, including Dubai’s $ 650-a-night Armani Hotel, which occupies six floors of the Burj Khalifa, the world’s tallest tower.

The New York event took place in a sprawling basketball facility on the Lower East Side of Manhattan, just north of the Manhattan Bridge. The BlackBerry has been “Re-designed. Re-engineered. Re-invented,” RIM said.

RIM, which is splurging on a Super Bowl ad to promote its new phones, also introduced Grammy-winning singer-songwriter Alicia Keys as its global creative director.

“I was in a long-term relationship with BlackBerry and then I started to notice some new, kind of hotter, attractive, sexier phones at the gym, and I kind of broke up with you for something that had a little more bling,” Keys said at the New York launch.

“But I always missed the way you organized my life and the way you were there for me at my job, and so I started to have two phones – I was kind of playing the field. But then … you added a lot more features … and now, we’re exclusively dating again, and I’m very happy,” she said.

($ 1=$ 1.0029 Canadian)

(Writing by Janet Guttsman; editing by Frank McGurty, Lisa Von Ahn, Peter Galloway, G Crosse)

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Patty Andrews of Andrews Sisters dead at 94

LOS ANGELES (AP) — Patty Andrews, the last surviving member of the singing Andrews Sisters trio whose hits such as the rollicking "Boogie Woogie Bugle Boy of Company B" and the poignant "I Can Dream, Can't I?" captured the home-front spirit of World War II, died Wednesday. She was 94.

Andrews died of natural causes at her home in the Los Angeles suburb of Northridge, said family spokesman Alan Eichler in a statement.

Patty was the Andrews in the middle, the lead singer and chief clown, whose raucous jitterbugging delighted American servicemen abroad and audiences at home.

She could also deliver sentimental ballads like "I'll Be with You in Apple Blossom Time" with a sincerity that caused hardened GIs far from home to weep.

"When I was a kid, I only had two records and one of them was the Andrews Sisters. They were remarkable. Their sound, so pure," said Bette Midler, who had a hit cover of "Bugle Boy" in 1973. "Everything they did for our nation was more than we could have asked for. This is the last of the trio, and I hope the trumpets ushering (Patty) into heaven with her sisters are playing "Boogie Woogie Bugle Boy."

From the late 1930s through the 1940s, the Andrews Sisters produced one hit record after another, beginning with "Bei Mir Bist Du Schoen" in 1937 and continuing with "Beat Me Daddy, Eight to the Bar," ''Rum and Coca-Cola" and more. They recorded more than 400 songs and sold over 80 million records, several of them going gold.

Other sisters, notably the Boswells, had become famous as singing acts, but mostly they huddled before a microphone in close harmony. The Andrews Sisters — LaVerne, Maxene and Patty — added a new dimension. During breaks in their singing, they cavorted about the stage in rhythm to the music.

Their voices combined with perfect synergy. As Patty remarked in 1971: "There were just three girls in the family. LaVerne had a very low voice. Maxene's was kind of high, and I was between. It was like God had given us voices to fit our parts."

Kathy Daris of the singing Lennon Sisters recalled on Facebook late Wednesday that the Andrews Sisters "were the first singing sister act that we tried to copy. We loved their rendition of songs, their high spirit, their fabulous harmony."

The Andrews Sisters' rise coincided with the advent of swing music, and their style fit perfectly into the new craze. They aimed at reproducing the sound of three harmonizing trumpets.

"I was listening to Benny Goodman and to all the bands," Patty once remarked. "I was into the feel, so that would go into my own musical ability. I was into swing. I loved the brass section."

Unlike other singing acts, the sisters recorded with popular bands of the '40s, fitting neatly into the styles of Benny Goodman, Glenn Miller, Jimmy Dorsey, Bob Crosby, Woody Herman, Guy Lombardo, Desi Arnaz and Russ Morgan. They sang dozens of songs on records with Bing Crosby, including the million-seller "Don't Fence Me In." They also recorded with Dick Haymes, Carmen Miranda, Danny Kaye, Al Jolson, Jimmy Durante and Red Foley.

The Andrews' popularity led to a contract with Universal Pictures, where they made a dozen low-budget musical comedies between 1940 and 1944. In 1947, they appeared in "The Road to Rio" with Bing Crosby, Bob Hope and Dorothy Lamour.

The trio continued until LaVerne's death in 1967. By that time the close harmony had turned to discord, and the sisters had been openly feuding.

Midler's cover of "Bugle Boy" revived interest in the trio. The two survivors joined in 1974 for a Broadway show, "Over Here!" It ran for more than a year, but disputes with the producers led to the cancellation of the national tour of the show, and the sisters did not perform together again.

Patty continued on her own, finding success in Las Vegas and on TV variety shows. Her sister also toured solo until her death in 1995.

Her father, Peter Andrews, was a Greek immigrant who anglicized his name of Andreus when he arrived in America; his wife, Olga, was a Norwegian with a love of music. LaVerne was born in 1911, Maxine (later Maxene) in 1916, Patricia (later Patty, sometimes Patti) in 1918.

All three sisters were born and raised in the Minneapolis area, spending summers in Mound, Minn., on the western shores of Lake Minnetonka, about 20 miles west of Minneapolis.

Listening to the Boswell Sisters on radio, LaVerne played the piano and taught her sisters to sing in harmony; neither Maxene nor Patty ever learned to read music. All three studied singers at the vaudeville house near their father's restaurant. As their skills developed, they moved from amateur shows to vaudeville and singing with bands.

After Peter Andrews moved the family to New York in 1937, his wife, Olga, sought singing dates for the girls. They were often turned down with comments such as: "They sing too loud and they move too much." Olga persisted, and the sisters sang on radio with a hotel band at $15 a week. The broadcasts landed them a contract with Decca Records.

They recorded a few songs, and then came "Bei Mir Bist Du Schoen," an old Yiddish song for which Sammy Cahn and Saul Kaplan wrote English lyrics. (The title means, "To Me You Are Beautiful.") It was a smash hit, and the Andrews Sisters were launched into the bigtime.

Their only disappointment was the movies. Universal was a penny-pinching studio that ground out product to fit the lower half of a double bill. The sisters were seldom involved in the plots, being used for musical interludes in film with titles such as "Private Buckaroo," ''Swingtime Johnny" and "Moonlight and Cactus."

Their only hit was "Buck Privates," which made stars of Abbott and Costello and included the trio's blockbuster "Boogie Woogie Bugle Boy from Company B."

In 1947, Patty married Martin Melcher, an agent who represented the sisters as well as Doris Day, then at the beginning of her film career. Patty divorced Melcher in 1949 and soon he became Day's husband, manager and producer.

Patty married Walter Weschler, pianist for the sisters, in 1952. He became their manager and demanded more pay for himself and for Patty. The two other sisters rebelled, and their differences with Patty became public. Lawsuits were filed between the two camps.

"We had been together nearly all our lives," Patty explained in 1971. "Then in one year our dream world ended. Our mother died and then our father. All three of us were upset, and we were at each other's throats all the time."

Patty Andrews is survived by her foster daughter, Pam DuBois, a niece and several cousins. Weschler died in 2010.

A memorial service is planned in Los Angeles, with the date to be determined.

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Phys Ed: Helmets for Ski and Snowboard Safety

Phys Ed

Gretchen Reynolds on the science of fitness.

Recently, researchers from the department of sport science at the University of Innsbruck in Austria stood on the slopes at a local ski resort and trained a radar gun on a group of about 500 skiers and snowboarders, each of whom had completed a lengthy personality questionnaire about whether he or she tended to be cautious or a risk taker.

The researchers had asked their volunteers to wear their normal ski gear and schuss or ride down the slopes at their preferred speed. Although they hadn’t informed the volunteers, their primary aim was to determine whether wearing a helmet increased people’s willingness to take risks, in which case helmets could actually decrease safety on the slopes.

What they found was reassuring.

To many of us who hit the slopes with, in my case, literal regularity — I’m an ungainly novice snowboarder — the value of wearing a helmet can seem self-evident. They protect your head from severe injury. During the Big Air finals at the Winter X Games in Aspen, Colo., this past weekend, for instance, 23-year-old Icelandic snowboarder Halldor Helgason over-rotated on a triple back flip, landed head-first on the snow, and was briefly knocked unconscious. But like the other competitors he was wearing a helmet, and didn’t fracture his skull.

Indeed, studies have concluded that helmets reduce the risk of a serious head injury by as much as 60 percent. But a surprising number of safety experts and snowsport enthusiasts remain unconvinced that helmets reduce overall injury risk.

Why? A telling 2009 survey of ski patrollers from across the country found that 77 percent did not wear helmets because they worried that the headgear could reduce their peripheral vision, hearing and response times, making them slower and clumsier. In addition, many worried that if they wore helmets, less-adept skiers and snowboarders might do likewise, feel invulnerable and engage in riskier behavior on the slopes.

In the past several years, a number of researchers have attempted to resolve these concerns, for or against helmets. And in almost all instances, helmets have proved their value.

In the Innsbruck speed experiment, the researchers found that people whom the questionnaires showed to be risk takers skied and rode faster than those who were by nature cautious. No surprise.

But wearing a helmet did not increase people’s speed, as would be expected if the headgear encouraged risk taking. Cautious people were slower than risk-takers, whether they wore helmets or not; and risk-takers were fast, whether their heads were helmeted or bare.

Interestingly, the skiers and riders who were the most likely, in general, to don a helmet were the most expert, the men and women with the most talent and hours on the slopes. Experience seemed to have taught them the value of a helmet.

Off of the slopes, other new studies have brought skiers and snowboarders into the lab to test their reaction times and vision with and without helmets. Peripheral vision and response times are a serious safety concern in a sport where skiers and riders rapidly converge from multiple directions.

But when researchers asked snowboarders and skiers to wear caps, helmets, goggles or various combinations of each for a 2011 study and then had them sit before a computer screen and press a button when certain images popped up, they found that volunteers’ peripheral vision and reaction times were virtually unchanged when they wore a helmet, compared with wearing a hat. Goggles slightly reduced peripheral vision and increased response times. But helmets had no significant effect.

Even when researchers added music, testing snowboarders and skiers wearing Bluetooth-audio equipped helmets, response times did not increase significantly from when they wore wool caps.

So why do up to 40 percent of skiers and snowboarders still avoid helmets?

“The biggest reason, I think, is that many people never expect to fall,” says Dr. Adil H. Haider, a trauma surgeon and associate professor of surgery at Johns Hopkins University in Baltimore and co-author of a major new review of studies related to winter helmet use. “That attitude is especially common in people, like me, who are comfortable on blue runs but maybe not on blacks, and even more so in beginners.”

But a study published last spring detailing snowboarding injuries over the course of 18 seasons at a Vermont ski resort found that the riders at greatest risk of hurting themselves were female beginners. I sympathize.

The takeaway from the growing body of science about ski helmets is in fact unequivocal, Dr. Haider said. “Helmets are safe. They don’t seem to increase risk taking. And they protect against serious, even fatal head injuries.”

The Eastern Association for the Surgery of Trauma, of which Dr. Haider is a member, has issued a recommendation that “all recreational skiers and snowboarders should wear safety helmets,” making them the first medical group to go on record advocating universal helmet use.

Perhaps even more persuasive, Dr. Haider has given helmets to all of his family members and colleagues who ski or ride. “As a trauma surgeon, I know how difficult it is to fix a brain,” he said. “So everyone I care about wears a helmet.”

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Avery Dennison to sell business units for $500 million

Avery Dennison Corp. has agreed to sell two of its businesses for $500 million in cash to CCL Industries Inc., a Canadian maker of specialty packaging, the Pasadena company said.

The proposed sale announced Wednesday comes three months after Minnesota-based 3M abandoned its plans to purchase Avery Dennison's office and consumer products unit. The U.S. Department of Justice had opposed that deal because of antitrust concerns.

Now, Toronto-based CCL has agreed to acquire the unit, which had sales of $730 million in 2012. The division's products include Hi-Liters and Marks-A-Lot markers as well as binders. CCL also agreed to acquire Avery's designed and engineered solutions division, which makes pressure-sensitive labels for packaging and posted 2012 sales of $180 million.

"CCL is one of our largest customers, and we have a long-standing relationship with them," said Avery Dennison Chief Executive Dean A. Scarborough. "We are pleased that they will become the steward of the Avery brand for office products."

Quiz: How much do you know about California's economy?

The transaction, expected to close this year if approved by regulators, would be CCL's largest acquisition.

"This acquisition has the potential to transform our company at many levels," said Geoffrey Martin, chief executive of CCL.

Avery Dennison on Wednesday also reported fourth-quarter net income of $49 million, or 48 cents a share, up from $22.2 million, or 21 cents, a year earlier. Excluding certain items, earnings were 54 cents a share compared with the 48 cents expected by analysts. Sales rose 5.3% to $1.53 billion.

Avery Dennison shares rose $2.30, or 6.4%, to $38.44.

ricardo.lopez2@latimes.com

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Santa Ana man accused of stealing dead father's benefits

A Santa Ana man was charged with fraudulently collecting more than $100,000 of his deceased father's Social Security benefits Tuesday after bones believed to be those of his father were found in the backyard of his former home, officials said.

Larry Thomas Dominguez, 65, faces a felony count of theft by embezzlement, with sentencing enhancements for aggravated white-collar crime over $100,000, the Orange County district attorney's office announced. Dominguez's arraignment was postponed Tuesday.

Prosecutors allege that Dominguez collected more than $1,100 a month between his father's death in May 2005 and January of this year. If convicted, he faces a maximum of four years in prison.

Authorities began investigating Dominguez on Sunday after a human skeleton was discovered during a renovation project at a home he used to own in the 2500 block of North Hesperian Street, Santa Ana police Cpl. Anthony Bertagna said. Though an autopsy did not immediately identify the remains, Bertagna said Tuesday that they were believed to be those of Dominguez's father, Wallace Benjamin Dominguez.

There is no death certificate for Wallace Dominguez, Bertagna said, and authorities do not know how he died. Investigators were able to pinpoint May 2005 as his date of death.

Wallace Dominguez, in his late 70s at the time of his death, lived at the home with his son, Bertagna said. Larry Dominguez's mother also lived at the home, Bertagna said — but investigators have a death certificate for her.

"As a homicide detective, the question begs: Did he murder him and has been collecting the benefits?" Bertagna said. "Or did he die and he just took that opportunity to bury him and continue on with his benefits?"

Larry Dominguez was originally arrested on suspicion of homicide, but prosecutors filed the embezzlement charges as authorities continue to investigate the manner of death, Bertagna said, adding "there's a lot of work to be done."

"This is a first for me," he said of the case. "I'm sure they exist, but it's the first I know."

kate.mather@latimes.com

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