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tripstations · 6 years ago

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Treatment and rest in one place: Resorts that help overcome addiction

There are millions of people that need treatment for drugs addiction across the world. Many resources are currently available for people that need help to beat their addiction and mental health disorders. For most people, recovering from drug addiction is generally intimidating.

When a person is not sure whether they can overcome addiction, they find the idea of entering an ordinary rehab downright unappealing. As such, they may opt to enter a resort that helps people overcome addiction. This facility is different from a low-end clinic where people might share bathrooms or have small beds. It’s a resort-style rehab center that features luxurious amenities.

Many celebrities with addiction problems as well as stress, fear, and worry of visibility go to these facilities. Even executives that have trouble beating addiction go to these centers.

What is Resort-Style Rehab?

A drug rehab resort is a facility at provides treatment for drugs addiction in a luxurious surrounding and a vacation-like ambiance. The goal of establishing such a facility is to make recovering from drug abuse and alcoholism as easy and enjoyable as possible.

In addition to offering behavioral therapies and detoxification, residents in these centers participate in fun activities with an aim of promoting healthy living. A resort-style rehab can combine high medical care level with luxury amenities, a welcoming setting, and extracurricular activities that enhance addiction recovery

What are the Benefits of Rehabilitation Resorts?

When battling addiction, some individuals, like celebrities and executives, are concerned about their social status. Research indicates that social factors play a crucial role in recovery from addiction. The social status of some individuals is one of the reasons why they opt to go to resort-style rehabs.

What’s more, resort-style rehabs are situated in beautiful places like at the beach, desert, or mountains. This makes them hospitable and welcoming. Essentially, the focus is on the overall experience and comfort of the individuals undergoing treatment.

When a person has been struggling with addiction every day, going to a rehab in an idyllic, scenic location is more welcoming. It also offers a glimpse into the sobriety life’s beauty. Confidentiality and privacy are also protected in a rehab resort.

What Facilities Do They Offer?

Resorts that help individuals overcome addiction offer more than the amenities of the ordinary rehab centers. They go beyond creating the therapeutic atmosphere required to relax individuals into a recovery mode. Some of the facilities offered at these resorts include swimming pools, spas, gourmet restaurants, and first-class fitness centers.

Swimming pools provide a refreshing and revitalizing midday dip or downtime lounging. Spas provide aromatherapy, massage, acupuncture, hair and nail styling which help with personal hygiene and tension prevention. Gourmet restaurants provide chef-curated menus, health-conscious cuisine, seasonal and local ingredients, while catering for special dietary needs of patients. First-class fitness centers have different equipment, enough space, group classes, beautiful views, and personal trainers.

These facilities are important because they make undergoing treatment for addiction enjoyable. Individuals also get a chance to rest while undergoing treatment in one place. Things like nutrition and exercise are also important for addiction recovery. They give patients something to look forward to every day.

How Resort-Style Rehab Improves Treatment

Resort rehabilitation centers put the body and mind at ease. Inpatient treatment for drug addiction is generally a challenging process. It involves intensive schedule that needs the best efforts of the patients. Many people face withdrawal insomnia in the early sobriety stages. Getting sleep hygiene back on tract is therefore important.

Resort-style addiction centers provide treatment and rest in one place. This is very important for the overall recovery process. Intensive therapy work and fitness training are both important.

Resort-style facilities provide accommodation that is stylish and comfortable. This contributes to the recovery of patients by making the rehab a restful sanctuary. At the end of the day, patients have a place to relax and recharge.

Popular Destinations for Resort-Style Rehabs

Research shows that residential rehabilitation is considered the last resort for individuals with serious substance abuse problem. But, with so many resources for addressing and even overcoming addiction available, this should not be the case. Today, there are many locations with resorts that help with addiction treatment.

Popular destinations for these rehabs include Wickenburg in Arizona, Malibu in California, Crossroads in Antigua, and London in England. If you or a loved one wants to recover from addiction at a resort-style facility, visit one of these places.

About the Author

Frederick Moore is a columnist who focuses on drug use/abuse in the sport. His works aim to prevent athletes from improper drug use showing the consequences of abuse.

Travel News | eTurboNews

Original Article

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addictionfreedom · 7 years ago

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savvyherb · 5 years ago

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Amid talk of legalization, Maryland’s medical cannabis industry expands

WARWICK, Md. — The air inside SunMed Growers’ sprawling, $10 million marijuana greenhouse was thick with the citrusy aroma of freshly harvested Lemon Skunk.

Outside, heavy machinery cleared land for about 30,000 additional plants.

“This is tripling for medical,” said owner Jake Van Wingerden, a former chairman of the Maryland Wholesale Medical Cannabis Trade Association. “We’re ready to double again if recreational comes along.”

After a rocky start, Maryland’s medical cannabis industry is expanding. Cultivators across the state are dramatically adding capacity — to meet the needs of patients floodingthe market and to potentially service recreational users in the future.

Industry analysts had predicted the market would gross $60 million in sales by its third year. But by the end of its first year, in December, purveyors’ gross sales surpassed $96 million.

Then lawmakers authorized the sale of edible cannabis products.

“Everything is falling into place,” said Kevin Goldberg, co-founder of Green Leaf Medical, a Frederick-based cultivating, processing and dispensary company that sells high-end medical cannabis products.

Three new growers are setting up shop alongside the 15 businesses that secured cultivating licenses three years ago. Regulators are expected to approve another four growing licenses by the end of the month, bringing the total number to 22.

[Chronic pain experts share whether they believe medical marijuana is an effective option]

This week, Van Wingerden will host a SunMed tour for politicians trying to devise what a regulated adult-use market should look like and determine how much of it should be modeled on the state’s medical marijuana program, which was approved in 2013 but did not begin sales until late 2017.

A successful and stable medical cannabis industry could buttress arguments that Maryland is ready to embrace recreational legalization, an option that is gaining appeal in some circles as a way to finance the state’s landmark education plan.

Brian Lopez, who chairs the Maryland Medical Cannabis Commission, said he believes growers are adding capacity in anticipation of “the adult use coming.”

Among other things, lawmakers are weighing how to structure a recreational cannabis industry so that it would displace the existing black market, prevent a spike in underage use, generate enough tax revenue to make it worthwhile and help communities disproportionately impacted in the past by marijuana-related arrests.

[After prison, licensing restrictions add additional layer of economic punishment]

Matt Darin, co-founder and chief operating officer of Grassroots Cannabis, said Marylanders have embraced use of marijuana for medical purposes more quickly than residents of the 10 other states in which the company operates.

He said he believes the difference stems partly from social shifts: People have become more comfortable requesting the drug, and doctors with recommending it. But Maryland also crafted a patient-friendly program, Darin said, which compared to elsewhere has a more generous list of conditions that qualify for treatment.

“We’re hustling to expand our production,” said Darin, whose company is tripling growing space in its warehouse in Taneytown, east of Frederick near the Pennsylvania border.

Regulators noted that there is still substantial room for growth in the medical cannabis market in Maryland, which has opened 82 dispensaries across the state in less than two years.

In most states, medical marijuana patients account for 1 to 4 percent of the population, said William C. Timburg, the cannabis commission’s director of policy and government affairs. In Maryland, the 70,000 registered patients represent a little more than 1 percent of state residents. In theory, that means the medical marijuana market could quadruple.

The commission was overwhelmed this spring with about 1,200 patient inquiries a day, on top of about 300 applications to become a registered patient — an onslaught so great the agency purchased an emergency call center to deal with it.

As the industry expands, it’s also working to remedy problems — namely that minority-owned companies were largely shut out during the first round of licensing. For the round of business approvals underway, the cannabis commission identified 61 disadvantaged Zip codes and awarded an extra 15 points to applicants from those areas, provided they meet other socioeconomic and residency requirements.

Existing growers said their expansions also reflect an easing of the regulatory hiccups, legal challenges and political controversies that threatened to throttle the industry in its early days.

Maryland lawmakers dedicated few resources to launching the industry, relying on a panel of volunteers to come up with a way to regulate and administer it. The General Assembly also spent a few years debating how to restructure the industry’s regulations and passing new laws to expand how many companies could hold licenses to grow or process the drug.

“We’ve basically been operating on quicksand since the beginning,” said Mackie Barch, who now chairs the Maryland Wholesale Medical Cannabis Trade Association.

[A cautionary tale about medical marijuana and opioid deaths]

As the industry has taken off, some jurisdictions that initially were reluctant to embrace it have shifted their stances. Carroll and Anne Arundel counties, for example, have loosened restrictions on the businesses.

Last week, the University of Maryland’s School of Pharmacy launched its inaugural master’s degree program in medical cannabis and therapeutics.

And growers are carving out niche products in an attempt to differentiate themselves and corner market share.

Baltimore-based Curio Wellness sells marijuana salves in a spa setting that also offers massages and acupuncture. Green Leaf developed a “gLeaf” brand, which Goldberg described as a top-flight option comparable to the coveted Pappy Van Winkle brand of whiskey.

Barch, who owns the growing firm Culta, categorized his marijuana brand as similar to that of a craft beer — artisanally grown and sought after by connoisseurs but not hard to find. Think Dogfish Head beer.

Van Wingerden described his mass production operation as the Budweiser of the state’s cannabis industry: consistent, affordable, dependable and widely available.

“We want to be everywhere,” he said from his greenhouse in this rural corner of the Eastern Shore, where he grows more than 100 strains. Among them: Lemon Skunk (for depression), Qrazy Train (for anxiety) and Shark Shock (for epilepsy).

The General Assembly has created a work group to determine how the state could structure a legal market. Recommendations are due by the end of the year, in time for debate during the 2020 legislative session.

Gov. Larry Hogan (R), who in the past has said legalization should wait until the medical cannabis industry stabilizes, declined an interview request last week.

Officially, the cannabis wholesale industry is neutral on whether Maryland should legalize the drug for adult use. But several individual growers said they’d prefer to wait a few years before it launches, since patient demand is already so high.

“We should allow other states to blaze a path forward,” Van Wingerden said. “Then we should model it after another state where it works. We have worked hard. We have spent a ton of money. We’d like to operate for a few years — let it settle — before we have another round of fights in Annapolis.”

A grow-your-own pot boom: From young tokers to elderly cancer patients

Many doctors are wary of medical marijuana. And Jeff Sessions hasn’t helped.

Medical marijuana has arrived in Maryland, and sales have begun

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juniperpublishersjcmah · 5 years ago

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The Science and Art of Homeopathy- Juniper Publishers

Introduction

Homeopathy received massive public acceptance as a new medical system immediately after it was introduced by Dr Christian Frederick Samuel Hahnemann in early 18th century. During his life time, Hahnemann could introduce only limited number of medicines through drug proving and single medicine usage was the dictum in practice. As the new system gained popularity in the therapeutic domain, efforts were focused on introducing additional medicines and also to train more practitioners to meet the increasing demand. With the demise of Hahnemann in 1843, the artistic aspects of Homeopathic practice, which was gentle in comparison to the crude treatment prevailed at that time, got preference making it the more accepted medical method across the globe.

The fast growth in material science during 19th and 20th century brought in unprecedented transformation in technology. The world war, priority in treating the war causalities etc made the beginning of a new paradigm in health care. The high incidence of mortality from epidemics and pandemic diseases forced the health planners to look more towards hygiene and public health. Technological changes and inventions like blood circulation by William Harvey, n body dissections etc gave more understanding on the human system. Development of Physiology and pathology gave reasons to understand health and diseases better. Invention of thermometer to measure body temperature, stethoscope to learn more about the functions of heart, spigmomanometer to measure blood pressure and other medical instrumentation changed the diagnostic practices from subjective assessment of observations and interrogation of the patient brought in more objectivity in diagnosis. Introduction of antibiotics altered the medical approach towards sick. These changes brough in the evolution of scientific medicine. Gradually, the science of Homeopathy, brought in by Dr Hahnemann through his experimentations from 1810 till his death got stagnant. Due to the massive public acceptance and the unchallenged growth, Homeopathic fraternity did not felt the need to live with changes that was happening in other realms of science. The lethargy preferred them to remain too orthodox, progressively taking the system to torpor. The conservative practitioners preferred to face the world with success stories, magic cures, vitalisitic theories etc. In fact, no major scientific investigation has ever happened in Homeopathy till it got challenged. A pathetic situation has emerged where even the teachers were not able to clearly define what the science is and what is the art in Homeopathy, making the students and its practitioners more confused.

Thus, the glorious past of Hahnemannian homeopathy did a volte face to darker ages in early 1900. Almost all colleges in USA and Canada closed several countries which patronized homeopathy abandoned it, some countries even banned. The assault from the groups concerned with the profiteering of phama products accelerated to stun homeopathy. Few dared to compare with witchcraft. Thus, the system got redundant in front of the fast-growing technological reformation in terms of its scientific up gradation.

Since 1970, there is a resurgence of acceptance to Homeopathic practice across the world. Organized education through the universities and competition with peers in the realm of science provided opportunity to critically analyze the concepts and principles of the system. The scientific fervor brought in based on the modern concepts in other fields of medicine including diagnostics provided opportunities to look Homeopathy with skepticism. Concurrently, more questions have started coming on the basis of the practice and its theories both from within and outside. Till recently the question on the science behind the principles of Homeopathy was mainly raised by the protagonists , but now the science in Homeopathy as we know and the science of Homeopathy that we don’t know has become big question mark as challenges are forthcoming even from the liberalists on different methods of potentisation adopted to prepare medicines by different manufacturers, variations in the source material used in different countries in the preparation of same medicine, differing standards prescribed even for the same medicine in different pharmacopeia etc.. Thus, a neo- phenomenon is emerging to understand homeopathy better than mere therapeutic modality, as we know now. These are basic requirement to label any system scientific and bound to validate the system rationally.

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Science and Art in Medicine

Homeopathy considers art as well science as integral components in it clinical application. On a broader perspective, in every medical system there is quite a lot of science to theorize its concepts and uses art as a means to apply the science on patients. The ayurveda, chinese medicine, acupuncture, chiro practice, osteopathy, unani and other complementary practices which are based on powerful principles, considered as scientific at its time of origin, but, now is seen by many as redundant. These practices follow the approach based on their philosophy in managing illnesses and provide health care support to the patients. Similarly, homeopathy evolved principally due to the dogmatic practice prevailed in the western medicine of that time was very much a leading medical practice for over 200 years, now being questioned for its scientific basis. Allopathy, evolved from the Hippocratic aphorisms and used unprincipled treatment modalities for over 2000 years, now adopted scientific innovations and transformed as pure biomedicine. In spite of the fact that whether one medical system is more scientific or less scientific, public acceptance to treatment from these medical systems co exist in different countries and is contributing their strength by using the science as they understand to be correct and art as they consider necessary.

The extent on which one system presuppose the contemporary knowledge of science to explain its basis in a language understandable on a rational way makes it perceivably more scientific than other systems. If the knowledge is contemporary, that system becomes scientific and if not, it becomes unscientific. In all the traditional medical practice or the CAM therapies, their approach towards disease, patient and treatment remained constant. Therefore, it can be inferred that it is the time of assessment that make one medical system more scientific or less scientific and not its approach towards the patient. Thus, Homeopathy which evolved from the dogmatic practice of Allopathy is being considered less scientific today in comparison to the modern scientific medicine. The truth is that science, as it exists on a particular time, had provided the key to intellectual expansion. Homeopathy, many consider to be a cult and Hahnemann is a prophet!

It is seen that all the medical systems have evolved from different philosophy and civilizations based on the ethos and cultures of its origin. Therefore, to understand the science of a particular medical system, one has to understand the traditions from which it got codified. Those who understand this premise shall easily comprehend the science of that system and those who decline to acquaint with it shall perceive that system to be a redundant. Thus, for people who know Indian philosophy accept the tridosha theory of Ayurveda as scientific without any prejudice. Same is the case with Homeopathy; those who believe in vitalism, accept it as a refined medical practice. The argument as to what is the science in a particular system continues amongst the academia without much significant impact on its public acceptability.

Allopathy that evolved from the Greek philosophy of humoral theory (Hippocrates, 460–370 BC) in medicine is now relying on reductionist science to give thrust to physical evidences of diseases and uses biologically active substances to treat illness. In that process during the last few years the scientific basis in that system went ahead with material evidences. Consequently, it gave advantage to explain several aspects of health, diseases and cure in more rational manner. Thus, Allopathy of yester years has become the modern scientific today with more rationality in explanation of causation of diseases from biological causes of germ theory, hereditary causes, genetic theories, BEINGS theory, Web of Causation theory, Wheel theory etc. Based on the understanding on causation the body is divided into systems and organs, compartmentalized treatment with multiple specializations. The flip side is that when we study any classical text book of modern medicine there are more diseases with unknown etiology and the art component of understanding the patient has become irrelevant. In that process a new concern has emerged for more care of health, resulting in labeling persons with even minor aberration in biochemical parameters as sick. Thus, there is havoc in society with more diseased individuals, more hospitals, more specialists to treat different systems and organs etc. The Cartesian concept of viewing mind and body as separate identity has taken away the holistic approach in health care in the name of modernizing scientific medicine.

On the other side, those who attribute more artistic approach on health consider every patient different. They propose that one standard treatment protocol to treat every patient is not possible. This concept is closer to homeopathic theory of individualization, now being supported with genetic theories and gene expression models. There is also a view that when two doctors see the same patient, their approach differs, and the inferences also are bound to differ. Thus, the standard treatment protocol, even for the same disease in different patient differs. This has lead to emergence of personalized treatment as a new approach in medicine. The protagonists of these concept questions the RCTs and other controlled models that are the backbone of research models in biomedicine.

The science in medicine consists of theories and principles that form the basis to rationally understand the system. This includes the process of the disease, its general management and the therapeutic tools and methods to treat illness or preserve health. While art in medicine is considered as the basis of understanding the patient and management of sickness including the selection of the medicine, the recent trend is to seek explanation more so satisfy others. The art includes understanding the constitution and temperament of the patient, medical humanities, compassion towards the sick, sensitiveness to his illness, understanding the behavior in emotional distress etc. This varies from individual based on the circumstance and social aptitudes. There may be less rationality on the above attributes when scrutinize from a rationalistic view, especially the physical ailments on a modern medicine perspective. However, in circumstance dealing with patient, these attributes form a major factor. Thus, the art of medicine in Homeopathy deals with the whole gamut of doctor-patient relationship for example, a patient of typhoid, whether he is thirty or not, whether he prefers covering or uncovering, restless or calm is quite insignificant in biomedicine to understand the patient or for making prescription. The thrust given there is mainly on changes in bio- chemical parameters, evidenced through laboratory reports. Whereas Homoeopathy based on vitalistic philosophy, give significant importance on the emotion, feelings, understanding etc. to know the patient as also for prescription. Here, there is a definite co-relation with mind and body. That is why homoeopathy is considered holistic.

The following are the major factors that decide whether one is sick or otherwise

a) The evidence of a disease felt or explained by the patient: a feeling that he is sick (subjective symptoms).

b) The evidence of diseases elicited by the physician and or explained by the attendants: signs and objective observation etc.

c) The evidence of diseases corroborated by clinical findings such as physical examination and laboratory data.

d) Unless a physician get positive information on any two or more of the above in one patient, making a treatment protocol for the disease condition is unethical.

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The science in Homeopathy

Homeopathy, though the second largest medical practice in the world, is greatly a misunderstood science in medicine. On one side it is gaining massive public acceptance and on the other side it gets ridicule from a section of the people who self claim to be the protagonist of science. Often the comments of some of these so-called stalwarts put back its wheel of development and create confusion mainly in the mind of the youngsters who opted to study Homeopathy and the patient who uses it. This makes it relevant to understand as to what is the scientific basis of Homeopathy that could be explained with the hard science as we know now and also art that a physician uses to understand the patient as well how he successfully uses it to treat his patient. This is more so important especially when the system is faced with credibility check in spite of its therapeutic merit and massive clinical evidence.

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Innovation on fundamentals of Homeopathy

Science in homeopathy is the systematically organized body of knowledge on its concept, principles, theories and practices. To bring the scientific basis of the system, one has to examine which of the principles, concepts and theories that are reproducible with the tools available in science as on now. Dr Hahnemann codified the knowledge of Homeopathy based on certain theories, principles and concepts. He postulated these concepts, after experiments and verification of the veracity of its reproducibility.

The core concept in Homeopathy is “similia similibus curantur”, often known as Similia principle. After postulating this theory based on Cinchona experiment, Dr Hahnemann fortified it with supporting principles of drug proving, potentisation and individualisation. These were further strengthened with ancillary theories such as chronic diseases (Miasm), vital force (vital principle) and minimum dose. Thus, his experiments starting from the famous peruvian bark trial and publication of Essay on a New Principle for Ascertaining the Curative Powers of Drugs in 1796 was the foundation of the core principle Similia. He expanded this concept further and converged his thoughts with more principles and theories and gifted a wholesome medical system by publishing the first edition of Organon of Medicine in 1810, and called it Homeopathy.

No honest effort has ever been made to understand as to which of his theories and principles are science and what otherwise are art. When questions started emerging on the foundation of science in the system, in the name of bringing scientific evidences, there started a blind race to investigate each and every concept, principle or theories with the same yardstick of modern science, more so to satisfy the protagonists rather than with the objective to understand Homeopathy better. Thus, convincing someone who does not want to see the truth of holistic care in Homeopathy has become a priority in Homeopathic investigation.

The biomedicine is based purely on experimental evidences and Homeopathy based on vitalistic concept is partly based on experimental science and partly based on experienced evidences. As the treatment based on biomedicine and homeopathy is different, the evidence on effectiveness should also be different. Coming to fundamental research, the supporting principles postulated by Hahnemann such as potentisation, drug proving and to extent individualization are the scientific basis of Homeopathy. These can be demonstrated with experimental science. Individualisation in Homeopathy is now gaining acceptance as personalized medicine or theranostics. Genetic concepts are used to theorize it. Ultra high dilutions used Homeopathy through potentisation is getting validation with nano-pharmacology (it may need more research and standardisation). Drug proving is demonstrable with existing scientific protocols as a hard science. More experimental evidences shall encapsulate the Similia principle as a science based medicine. These are the areas of fundamental research, certainly lot more cutting edge research is needed urgently to bring Homeopathy as the refined medical science.

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The Art in Homeopathy

Theory of chronic diseases (miasm), vital force and minimum dose are ancillary to the core concept of Similia. Even amongst hard core practitioners and teachers in Homeopathy, there are diverse views on its validity and application. We may leave these for the time being to remain as it is or efforts may be made to validate through experience based evidences.

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Conclusion

In fact, the practice of clinical medicine in every medical system is an art as well as science; therefore we could say that the art and science of medicine are complementary. The fact is that all medical systems are scientific on its domain and uses the best artistic approach to understand the diseases and treat the patient.

Study of disease requires the aid of science. To understand diseases, its course and prognosis, complications etc a student of Homeopathy need to know hard physiology, biochemistry and pathology. When he goes to lean applied medicine, he needs to know more about nano pharmacology, bio physics, genetics, gene regulation, molecular genetics etc to understand the pharmacokinetics and pharmaco dynamic of Homeopathy. Innovation in the science of Homeopathy is the need of the hour and also the route to mainstream the system both for the critics as well its ardent followers. This should happen in the all the important components namely in education, research and drug development.

For more Open access journals please visit our site: Juniper Publishers

For more articles please click on Journal of Complementary Medicine & Alternative Healthcare

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addictionrecoveryassistance · 7 years ago

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leeannclymer · 8 years ago

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Blog Post: California Workers' Comp Case Roundup (5/5/2018)

CALIFORNIA COMPENSATION CASES

Vol. 82 No. 4 Apr 2017

A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review

CONTENTS OF THIS ISSUE

LexisNexis Online Subscribers: You can link to your account on Lexis Advance to read the complete headnotes and court decisions, en banc decisions, and writ denied summaries.

Appellate Court Compensation Cases

County of Riverside v. W.C.A.B. (Sylves, Peter), Lexis Advance

Cumulative Trauma Injuries—Application for Adjudication—Time to File—Court of Appeal, affirming WCAB order, held that injured employee timely filed application for adjudication of claim within one year of date of injury, as required by Labor Code § 5405(a), when Court of Appeal found that…

Cumulative Trauma Injuries—Employers’ Liability—Indian Tribes—Court of Appeal, affirming WCAB order, held that Labor Code § 5500.5(a) did not bar liability of defendant County, when Court of Appeal found that...

Iniguez (Enrique) v. W.C.A.B., Lexis Advance

Injury AOE/COE—Body Parts Injured—Finality of Findings—Court of Appeal, annulling and remanding decision of WCAB, held that 2012 WCJ decision was not final judgment entitled to preclusive effect under either collateral estoppel or res judicata, when Court of Appeal found that applicant claimed to have sustained injury AOE/COE to his head, neck, back, both shoulders, and lower extremities while employed by defendant, that WCJ’s 2012 decision...

Marinwood Community Services, Inc. v. W.C.A.B., Lexis Advance

Employment Relationships—Volunteer Firefighter—Court of Appeal, affirming WCAB decision, held that WCAB’s decision that applicant was employee of fire department was based on reasonable interpretation of relevant statutes, when Court of Appeal found that...

Firefighters—Cancer Presumption—Extension of Presumption—Court of Appeal, affirming WCAB decision, held that WCAB’s decision that extension of cancer presumption ran from date firefighter last worked for any agency was based on reasonable interpretation of relevant statutes, when Court of Appeal found that…

Ramirez (Daniel) v. W.C.A.B., Lexis Advance

Utilization Review—Independent Medical Review—WCAB Jurisdiction—Medical Treatment Utilization Schedule—Court of Appeal, reversing WCAB order taking matter off calendar and ordering WCAB to enter order consistent with views expressed by Court of Appeal, held that WCAB correctly concluded that it had no jurisdiction over present dispute as to whether utilization review and independent medical review had used correct standard, i.e., medical treatment utilization schedule, to deny acupuncture treatment requested by applicant’s treating physician, when Court of Appeal found…

Appellate Court Case Not Originating With Appeals Board

People, The v. Riddles, Lexis Advance

Insurance Fraud—Restitution—Court of Appeal, affirming trial court’s judgment of conviction, held that trial court did not abuse its discretion when ordering defendant to pay restitution in amount of premium loss suffered by workers’ compensation insurer, when Court of Appeal found that defendant pled guilty to one count of workers’ compensation insurance fraud in violation of Insurance Code § 11760(a), that defendant’s conviction...

Superior Court Opinion of Related Interest

Page (Janice), Hansen (Dorene), Gonzalez (Leticia) v. Acting Administrative Director, Division of Workers’ Compensation, Lexis Advance

Superior Court Jurisdiction—Workers’ Compensation System—Permanent Disability Benefits—Discrimination Based on Gender—California Superior Court, sustaining defendants’ demurrer without leave to amend against plaintiffs’ class action complaint, held that it lacked subject matter jurisdiction over allegations in complaint, when California Superior Court found that plaintiffs...

Federal District Court Opinion of Related Interest

Jankins v. Wells Fargo Bank, N.A., Lexis Advance

Federal Court Jurisdiction—Diversity Jurisdiction—Fraudulent Joinder of Defendants—U.S. District Court, Central District of California, granting plaintiff’s motion to remand to state court, held that defendant failed to sufficiently establish fraudulent joinder, so that complete diversity requirement was not satisfied, when U.S. District Court found that plaintiff was employed by defendant as customer service banker, that plaintiff was denied requested medical leave of absence by defendant, that plaintiff’s employment was terminated by defendant, that plaintiff filed administrative complaint under California Fair Employment and Housing Act with Department of Fair Employment and Housing and received right to sue letter, that plaintiff filed present action in California Superior Court…

Digests of WCAB Decisions Denied Judicial Review

Editorial Board members Frederick W. Bray, Hon. Colleen S. Casey, William A. Herreras, and John W. Miller recommended the following writ denied cases for summarization in this issue.

Beverly Hills Center for Arthroscopic and Outpatient Surgery v. W.C.A.B. (Estrella, Maria), Lexis Advance

Liens—Outpatient Surgery Centers—Illegal Referrals—WCAB affirmed WCJ’s finding that lien claimant Beverly Hills Center for Arthroscopic & Outpatient Surgery was not entitled to reimbursement for services provided to applicant in connection with 3/22/2005 specific injury, when WCAB found that...

Carrillo (Aaron) v. W.C.A.B., Lexis Advance

Injury AOE/COE—Off-Duty Social Activities—Intoxication—WCAB affirmed WCJ’s order that applicant busboy take nothing on his claim for 4/18/2011 industrial injuries to his head, brain, upper and lower extremities, and psyche, when applicant’s injuries were sustained in motor vehicle accident that occurred after applicant returned to his workplace following end of his shift and consumed alcohol, and WCAB…

City of Santa Maria v. W.C.A.B. (Gowing, Sean), Lexis Advance

Discovery—Sub Rosa Video—WCAB affirmed WCJ’s decision denying defendant’s petition to reopen applicant police officer’s stipulated awards of permanent disability to reduce permanent disability awarded for industrial back and knee injuries, based primarily on sub rosa surveillance of applicant undertaken by defendant shortly after stipulated awards were issued that showed applicant engaged in activities that defendant alleged were not consistent with level of permanent disability awarded, when WCAB found that...

County of Orange v. W.C.A.B. (Azoulay, Avi), Lexis Advance

Presumption of Industrial Causation—Blood-Borne Infectious Disease—Police Officers—WCAB affirmed its prior decision [see Azoulay v. City of Orange, 2016 Cal. Wrk. Comp. P.D. LEXIS 338 (Appeals Board noteworthy panel decision)] that applicant was entitled to presumption of industrial causation afforded by Labor Code § 3212.8, when WCAB found that…

Petitions for Reconsideration—Time for WCAB to Act on Petition—WCAB noted in footnote that WCAB has 60 days from filing of petition for reconsideration to act on petition; however, if WCAB fails to act...

Presumption of Industrial Causation—Blood-Borne Infectious Disease—Police Officers—WCAB, reversing WCJ, held that applicant suffered presumptively compensable injury AOE/COE in form of blood-borne infectious disease while employed as juvenile correction officer during period 7/1/2001 through 6/11/2012, when agreed medical examiner, Dr. Green, testified that applicant’s blood infection was caused by bacteria that traveled to applicant’s bloodstream from ruptured diverticula (caused by non-industrial diverticulitis) in applicant’s colon, and WCAB concluded that…

Entertainment by J & J, Inc. v. W.C.A.B. (Bernstein, Brian), Lexis Advance

Petitions for Reconsideration—Time for WCAB to Act on Petition—Court of Appeal denied defendant’s petition for writ of review requesting that Court of Appeal confirm that defendant had due process right to decision on merits of its petition for reconsideration by WCAB, despite provisions of Labor Code § 5909 stating that reconsideration is denied by operation of law if petition is not acted upon within 60 days, when, through no fault of defendant in this case, WCAB…

Estrada (Juventino) v. W.C.A.B., Lexis Advance

Writ of Review—Scope of Review—Court of Appeal denied applicant’s petition for writ of review challenging WCAB’s findings that applicant did not suffer injury AOE/COE to his head, skull, back, circulatory system, and nervous system on 6/30/2010, as alleged, and that presumption of compensable injury in Labor Code § 5402 did not apply, when WCJ determined that applicant was not credible regarding his alleged injury and that he did not meet burden of proving with substantial evidence that he suffered injury AOE/COE, and Court of Appeal determined that…

Mission Builders Home Improvement v. W.C.A.B. (Barragan, Augustine), Lexis Advance

Employment Relationships—Employees vs. Independent Contractors—WCAB, reversing WCJ, found that applicant, who alleged that he sustained industrial injuries to his right hip, right leg, left knee, low back, internal system/sleep, and psyche on 8/17/2005, while working as roofing salesperson and estimator for defendants was employee rather than independent contractor, based on “right of control” test and secondary factors described in S. G. Borello & Sons, Inc. v. Dept. of Industrial Relations (1989) 48 Cal. 3d 341, 769 P.2d 399, 256 Cal. Rptr. 543, 54 Cal. Comp. Cases 80, and Court of Appeal, denying writ of review, opined that, while WCJ expressly found that applicant was not credible witness, WCAB could reasonably have found that…

Padilla (Maria) v. W.C.A.B., Lexis Advance

Permanent Disability—Apportionment—WCAB rescinded WCJ’s unapportioned award of 100 percent permanent disability to applicant who suffered industrial injuries to her back, left shoulder, urinary system, gastrointestinal system, and psyche while working as a housekeeper on 1/1/2000 and from 1/1/2000 through 9/2/2003, and returned matter to trial level for further development of record on issues of permanent disability and apportionment, when WCAB found that…

PT Gaming, LLC v. W.C.A.B. (Pecoraro, Roger), Lexis Advance

Medical-Legal Procedure—Non-Medical Records Provided to Qualified Medical Evaluator—WCAB, reversing WCJ, held that defendant improperly sent panel qualified medical evaluator Robert Fenton, M.D., non-medical records and information, namely, copy of applicant’s Facebook page and advocacy letter, over applicant’s timely objection and without order from WCJ, in violation of 8 Cal. Code Reg. § 35(d), and WCAB found that...

Settlements—Compromise and Release Agreements—Setting Aside—WCAB rescinded WCJ’s 6/8/2016 Order Approving Compromise and Release, when WCAB found that WCJ may have lacked authority to enter Order Approving Compromise and Release because Order Approving Compromise and Release issued after filing of Petition for Reconsideration, that WCJ should have…

San Francisco Chronicle v. W.C.A.B. (Paez, Tony), Lexis Advance

Injury AOE/COE—Substantial Evidence—WCAB, reversing WCJ, held that opinion of agreed medical examiner in internal medicine, Matthew W. Duncan, M.D., that applicant’s bladder cancer was, with medical probability, caused by his long history of exposure to newspaper ink and dyes during his employment as newspaper carrier/driver for defendant, constituted substantial evidence to support finding that applicant suffered bladder cancer AOE/COE, when Dr. Duncan’s opinion was supported by several scientific studies demonstrating increased risk of bladder cancer resulting from exposure to printing inks, material safety data sheets pertaining to chemicals in printing ink used by defendant, several of which were identified by OSHA as possible carcinogens, and literature indicating that particular pigment in black ink used in newspapers was potentially carcinogenic and linked to bladder cancer, as were other chemicals in printing ink, and WCAB reasoned that...

State Compensation Insurance Fund v. W.C.A.B. (Hosey, Steve), Lexis Advance

Permanent Disability—Rate of Indemnity Payments—WCAB amended its prior decision [see Hosey v. Salinas Peppers, 2016 Cal. Wrk. Comp. P.D. LEXIS 428 (Appeals Board noteworthy panel decision)] to reflect that $230 per week was correct rate of permanent disability owed to applicant...

White (Jean) v. W.C.A.B., Lexis Advance

Findings and Awards—Accrued Damages—Court of Appeal denied applicant’s petition for writ of review challenging WCAB’s finding that applicant, who was permanently totally disabled as result of industrial injury to multiple body parts on 6/19/95, was not entitled to recover accrued value of assisted living services delayed by defendant for almost two years after award of assisted living was issued, when there was no statutory or case law authority to support such award, and WCAB determined that...

Other WCAB Decisions Denied Judicial Review

Entertainment by J & J, Inc. v. W.C.A.B. (Bernstein, Brian), Lexis Advance

Injury AOE/COE—Substantial Evidence—Specific vs. Cumulative Injury—Court of Appeal denied defendant’s petition for writ of review challenging WCAB’s finding that applicant suffered specific industrial injury to his back on 1/17/99, rather than cumulative injury during period 1/18/99 through 10/28/99, when WCAB found that...

Jackson (Cynthia) v. W.C.A.B., Lexis Advance

Temporary Disability—Wage Loss—Concurrent Employment—WCAB affirmed WCJ’s finding that applicant school security guard who suffered industrial injury to her spine and psyche on 11/1/2011 was not entitled to wage loss under Labor Code § 4453(c)(2), when WCAB found that...

Medical-Legal Procedure—Replacement Qualified Medical Evaluators—WCAB affirmed WCJ’s finding that applicant was not entitled to replacement qualified medical evaluator to evaluate her vision on basis that reports of qualified medical evaluator…

Credit—Overpayment of Temporary Disability—WCAB affirmed WCJ’s finding that defendant was entitled to credit against permanent disability for duplicate payment of full salary and temporary disability for period 1/12/2013 through 3/22/2013, when applicant did not provide any support for her assertion that credit should have been denied, and WCAB found...

Appeals Board Panel Decisions

Garza (James) v. O’Reilly Auto Parts, Lexis Advance

Medical—Legal Procedure—Assignment and Selection of Panel Qualified Medical Evaluators—Specialty Designation—WCAB, denying removal, affirmed WCJ's finding that qualified medical evaluator panel in specialty of orthopedics was correct panel to evaluate applicant's alleged 5/6/2015 industrial injury to his left foot, low back, knees, and sleep, notwithstanding applicant's request for chiropractic panel, when WCAB reasoned that…

Rodriguez (Vivian) v. Simi Valley Unified School District, Lexis Advance

Medical Treatment—Utilization Review—Home Health Care Evaluations—WCAB rescinded WCJ's order requiring defendant to complete applicant's home health care evaluation after determining that utilization review (UR) was inapplicable to applicant's request for authorization (RFA) because request for evaluation did not involve medical treatment issue, when WCAB concluded that...

Blog Post: California Workers' Comp Case Roundup (5/5/2018) published first on http://www.lexisnexis.com/legalnewsroom/workers-compensation/rss.aspx

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