Kenneth Grom vs. Shasta Wood Products; And State Compensation Insurance Fund

In this case, Kenneth Grom was awarded medical treatment in the form of testosterone cream therapy to counteract the decrease in his testosterone levels due to his opiate medications. The defendant, Shasta Wood Products, argued that the treatment was not necessary to cure and relieve him from the effects of his industrial injury. The Workers' Compensation Appeals Board held that the treatment was reasonable and necessary to cure and/or relieve him from the effects of his industrial injury, and affirmed the WCJ's determination.

Shasta Wood Products; and State Compensation Insurance Fund Kenneth Grom WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKENNETH GROM, Applicant,vs.SHASTA WOOD PRODUCTS; and STATE COMPENSATION INSURANCE FUND, Defendants.Case No. RDG 0091839OPINION AND DECISION AFTER RECONSIDERATION            On November 12, 2004, we granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the petition for reconsideration. Having completed our review, we now issue our Decision After Reconsideration.            Defendant, Shasta Wood Products, by and through its insurer, State Compensation Insurance Fund (SCIF), seeks reconsideration of the Findings, Award and Order, issued August 26, 2004, in which a workers’ compensation administrative law judge (WCJ), awarded applicant “such further medical treatment as is needed to cure and/or relieve from the effects of the industrial injury” (emphasis added), specifically allowing applicant a testosterone cream treatment recommended by his treating physician.            Defendant contends that the WCJ erred in awarding applicant further medical treatment in the form of testosterone cream treatment for his July 27, 1999 admitted injury to his back. Defendant argues (1) that, in order to be entitled to this treatment, applicant must establish that the treatment is necessary to cure and relieve him from the effects of his industrial injury, (2) that the treatment is not permitted under the guidelines of the American College of Occupational and Environmental Medicine (ACOEM), which guidelines are presumed correct on the issue of the extent and scope of medical treatment, (3) that applicant has not met his burden to rebut the , presumption and establish that a variance from the guidelines is reasonably required to cure and relieve him from the effects of his industrial injury, and (4) that the recommended treatment is not supported by any evidence-based medical treatment guide

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