Athletes cash in on California's workers' comp

SACRAMENTO — In his seven-year career with the Denver Broncos, running back Terrell Davis, a former Super Bowl Most Valuable Player, dazzled fans with his speed and elusiveness.

At the end of his rookie year in 1995, he signed a $6.8-million, five-year contract. Off the field he endorsed Campbell's soup. And when he hung up his cleats, he reported for the National Football League Network and appeared in movies and TV shows.

So it may surprise Californians to find out that in 2011, Davis got a $199,000 injury settlement from a California workers' compensation court for injuries related to football. This came despite the fact Davis was employed by a Colorado team and played just nine times in California during an 88-game career, according to the NFL.

Davis was compensated for the lifelong effects of multiple injuries to the head, arms, trunk, legs and general body, according to California workers' compensation records.

He is not alone.

Over the last three decades, California's workers' compensation system has awarded millions of dollars in benefits for job-related injuries to thousands of professional athletes. The vast majority worked for out-of-state teams; some played as little as one game in the Golden State.

All states allow professional athletes to claim workers' compensation payments for specific job-related injuries — such as a busted knee, torn tendon or ruptured spinal disc — that happened within their borders. But California is one of the few that provides additional payments for the cumulative effect of injuries that occur over years of playing.

A growing roster of athletes are using this provision in California law to claim benefits. Since the early 1980s, an estimated $747 million has been paid out to about 4,500 players, according to an August study commissioned by major professional sports leagues. California taxpayers are not on the hook for these payments. Workers' compensation is an employer-funded program.

Now a major battle is brewing in Sacramento to make out-of-state players ineligible for these benefits, which are paid by the leagues and their insurers. They have hired consultants and lobbyists and expect to unveil legislation next week that would halt the practice.

"The system is completely out of whack right now," said Jeff Gewirtz, vice president of the Brooklyn Nets — formerly the New Jersey Nets — of the National Basketball Assn.

Major retired stars who scored six-figure California workers' compensation benefits include Moses Malone, a three-time NBA most valuable player with the Houston Rockets, Philadelphia 76ers and other teams. He was awarded $155,000. Pro Football Hall of Fame wide receiver Michael Irvin, formerly with the Dallas Cowboys, received $249,000. The benefits usually are calculated as lump-sum payments but sometimes are accompanied by open-ended agreements to provide lifetime medical services.

Players, their lawyers and their unions plan to mount a political offensive to protect these payouts.

Although the monster salaries of players such as Los Angeles Lakers guard Kobe Bryant and Denver Broncos quarterback Peyton Manning make headlines, few players bring in that kind of money. Most have very short careers. And some, particularly football players, end up with costly, debilitating injuries that haunt them for a lifetime but aren't sufficiently covered by league disability benefits.

Retired pros increasingly are turning to California, not only because of its cumulative benefits but also because there's a longer window to file a claim. The statute of limitations in some states expires in as little as a year or two.

"California is a last resort for a lot of these guys because they've already been cut off in the other states," said Mel Owens, a former Los Angeles Rams linebacker-turned-workers' compensation lawyer who has represented a number of ex-players.

To understand how it works, consider the career of Ernie Conwell. A former tight end for the St. Louis Rams and New Orleans Saints, he was paid $1.6 million for his last season in 2006.

Conwell said that during his 11-year career, he underwent about 18 surgeries, including 11 knee operations. Now 40, he works for the NFL players union and lives in Nashville.

Hobbled by injuries, he filed for workers' compensation in Louisiana and got $181,000 in benefits to cover his last, career-ending knee surgery in 2006, according to the Saints. The team said it also provided $195,000 in injury-related benefits as part of a collective-bargaining agreement with the players union.

But such workers' compensation benefits paid by Louisiana cover only specific injuries. So, to deal with what he expects to be the costs of ongoing health problems that he said affect his arms, legs, muscles, bones and head, Conwell filed for compensation in California and won.

Even though he played only about 20 times in the state over his professional career, he received a $160,000 award from a California workers' compensation judge plus future medical benefits, according to his lawyer. The Saints are appealing the judgment.

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Off the Dribble: Salley Offers a Healthy Assist

When Carmelo Anthony went on a vegetarian diet a few weeks ago and caused the biggest culinary conundrum in sports since fried chicken and beer had starring roles in the Red Sox clubhouse, John Salley could only shake his head.

Anthony’s diet was blamed for his sluggish play and the Knicks’ 3-4 record during the 15-day fast.

Anthony admitted that his body felt “depleted out there.”

But Salley, the former N.B.A. player, said that if Anthony had eaten a vegetarian diet correctly, he would have felt invigorated and anything but depleted.

And not just for two weeks but for the entire season.

For Salley, many of his salad days in the N.B.A. really were salad days. Particularly kale salad.

Salley, a 6-foot-11 power forward and center, became a vegetarian in January 1991 after he felt he had to make changes in his lifestyle, much like Anthony’s stated desire for “clarity in his life.”

Vegetarians do not eat meat, fish or poultry, but may eat dairy products like cheese, eggs, yogurt or milk.

Salley had read a story about the Celtics’ Robert Parish, whom he had always admired, and his interest in yoga and a red-meat-free diet.

While Parish’s regimen was not total vegetarian, he recently said that it made a difference in his career, helping him withstand the rigors of playing center against behemoths in the paint.

“My diet consisted of chicken, fish, seafood, salad, pasta and organic when possible,” he said. “I had very little sugar and drank a gallon of water every day. I also ate rice and beans, peas, cabbage, mustard, collards greens and assorted nuts. I would always focus on healthy eating. My success depended on my body and I tried to do right by it. ”

His body responded with 20 years of service in his Hall of Fame career. Parish retired at 43.

Salley was striving for similar health and success.

“I was 27, and I felt I had to change my life,” Salley said. “My knees were sore, my joints ached, I had back problems and my cholesterol was 275. ”

When he was with the Pistons, Salley visited a nutritionist in Detroit who advised him to eliminate fried foods and adopt a macrobiotic diet (grains and vegetables).

Salley, invigorated and healthy, had his best season in 1991. A defensive specialist, he had more energy and quickness and averaged a career best 9.5 points a game.

He kept his healthy diet a secret from his burly Bad Boy Piston steak-and-pork-chop teammates, who included Bill Laimbeer, Rick Mahorn and Dennis Rodman.

“I would tell them all the time,” Salley said, “if you go into a steak house it’s not that they have a certain thing inside the dead flesh or they cook it differently. They make it the same way everybody else does. All you’re doing is eating dead food.”

Salley would search out health food restaurants with a few tables or just counter service for his diet staples of quinoa, kale, spinach, stir fried vegetables, brown rice and wheatgrass on the menu.

“It was hard to find places in 1991,” he said. “So many times I would go into restaurants and ask the cook to steam my vegetables and make me the lightest fish.”

But it was worth it.

“I was playing so well it was crazy,” he said.

During his career, Salley, who retired in 2000, won four championships with the Detroit Pistons, the Chicago Bulls and the Los Angeles Lakers.

He now follows a vegan diet, which eliminates all dairy foods in addition to animal products.

“I’m eating raw,” said Salley, 48. “And I make all my food with no sugar, no salt and no oil.”

Salley is familiar with Anthony’s foray into vegetarian living. The Knicks star followed the Daniel Fast based on the book of Daniel in the Bible, which espouses a diet of mainly liquid and vegetables.

“He felt depleted because you need to find a natural source of vitamin B12,” Salley said.

B12 is not found in any significant amounts in plant food, and a deficiency can cause fatigue, weakness and tingling in the legs.

It can also cause irritability. Anthony said his diet might have caused him to lash out at Kevin Garnett in a game against the Boston Celtics.

“He didn’t take any supplements to help his body,” Salley said. “He did not get his body to heal. It’s like cutting yourself and not putting a Band-Aid on. He just got part of the plan right.”

Salley is working to make sure children get the plan right with food choices. He spreads the word about healthy eating in the community, having lobbied Congress for more vegetarian options in school lunches.

Although Anthony may have struggled to maintain his vegetarian diet, other N.B.A players and athletes have embraced it.

James Jones of the Miami Heat and Anthony’s teammate A’mare Stoudemire are vegetarians.

Baseball’s Prince Fielder, the triathlete Brendan Brazier, the mixed martial artist Mac Danzig, the bodybuilder Derek Tresize and the tennis player Serena Williams are among athletes who are vegans or vegetarians.

Dr. Joel Kahn, a clinical professor of medicine at Wayne State University School of Medicine and medical director of wellness programs, preventive cardiology, and cardiac rehabilitation at Detroit Medical Center, has counseled Salley and other athletes about the benefits of vegan and vegetarian diets.

“A plant-based, whole-food diet low on sugar and gluten is very anti-inflammatory and ideal for rapid recovery from workouts,” he said.

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Jason Bateman gives Ernest Borgnine's estate a new identity

Markus Canter and Cristie St. James, who share the title luxury properties director at Prudential in Beverly Hills, like Jason Bateman's real estate sense. The actor got privacy, potential and a knoll location for $3 million.

Actor Jason Bateman and his wife, actress Amanda Anka, are dropping anchor in the Beverly Crest area with the purchase of the estate of Ernest Borgnine for $3 million.

The gated country English compound sits on a half-acre knoll. The 6,148-square-foot home features a formal entry hall, a grand staircase, a paneled library, an office, a den, six bedrooms and seven bathrooms. There is a guesthouse and a swimming pool.

Bateman, 44, stars in the comic film "Identity Thief," released this month. He is known to generations of TV viewers for his roles in "Arrested Development" (2003-present) and "Valerie," later retitled "The Hogan Family" (1986-91). Anka, 44, has appeared in "Bones" (2008), "Notes From the Underbelly" (2007) and "Beverly Hills, 90210" (1996).

Borgnine, who died last year at 95, is remembered for his Oscar-winning performance in "Marty" (1955) and his work in the title role as commander of a madcap crew in the sitcom "McHale's Navy" (1962-65). Until 2011 he was the voice of Mermaidman on "SpongeBob SquarePants."

The estate came on the market in October for the first time in 60 years priced at $3.395 million.

Billy Rose, Paul Lester and Aileen Comora of the Agency in Beverly Hills were the listing agents. Richard Ehrlich of Westside Estate Agency represented the buyers.

Where pair spent days of their lives

Soap star Peter Reckell and his wife, singer Kelly Moneymaker, have sold their custom-built, eco-friendly home in Brentwood for $3.35 million.

Before building the 3,345-square-foot house, the couple had the existing home on the site torn down, crated and shipped to Mexico for reuse by Habitat for Humanity. Then they designed and built a three-bedroom, four-bathroom contemporary that uses solar power.

Green elements include a photovoltaic system with battery backup, skylights, recycled glass terrazzo floors with radiant heating, recycled denim and organic cotton insulation, bamboo cabinets and doors, a roof garden and a water reclamation system.

A temperature-controlled wine cave and a recording studio are among other features.

Along with an indoor/outdoor koi pond, a meditation fountain and a solar infinity pool, outdoor amenities include a 16th century East Indian temple that was turned into a pavilion.

"This is my sanctuary," Reckell said. It frames views of the Santa Monica Mountains Conservancy.

Reckell, 57, played Bo Brady on "Days of Our Lives" from 1983 through last year. The show began in 1965. He also appeared in "Knots Landing" (1988-89). He is an avid environmentalist and bikes to work.

Moneymaker, 42, is a former member of the music group Exposé. She was inspired to build an environmentally friendly home because the carpet and other elements in the old house bothered her allergies and affected her voice.

Public records show they bought the property in 2003 for $1.14 million.

Daniel Banchik of Prudential's West Hollywood office was the listing agent. Scott Segall of John Aaroe Group represented the buyer.

Another rock owner for home

Hard Rock Cafe co-founder Peter Morton has made his mark on L.A.'s real estate scene of late, buying the old Elvis Presley estate in Beverly Hills at year-end for $9.8 million.

But flying under the radar was his bigger off-market purchase midyear for a property in Bel-Air at $25 million, public records show. Area real estate agents not involved in the transaction say Morton plans to take down the existing home and build another on the site. The estate had belonged to Joseph Farrell, who founded National Research Group Inc. in 1978 and brought market testing to Hollywood. Farrell died in December 2011.

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Gunfire and deadly crash rattle the Las Vegas Strip

LAS VEGAS — A spectacular predawn crash on the Strip — triggered when bullets fired from a black Range Rover peppered a Maserati — hit this resort city right between the eyes. In the end, three people were dead and a major intersection under lockdown during a three-state manhunt for the shooters, leaving even casino veterans used to the extraordinary scratching their heads.

The mayhem was sparked, witnesses told police, by a quarrel early Thursday at a hotel valet stand.

The two vehicles left the Aria resort hotel and were heading north on Las Vegas Boulevard at 4:20 a.m., an hour when the casino marquees shine brightly but the gambling thoroughfare is largely empty. At Harmon Avenue, occupants inside the Range Rover opened fire on the Maserati, police said.

The silver-gray sports car, which was struck several times, sped into the intersection at Flamingo Road, ramming a Yellow cab. The taxi exploded, killing the driver and a passenger. Four other vehicles in the intersection were also involved in the crash and explosion, but officers offered no details.

"Omg Omg Omg that car just blew up!" one witness tweeted shortly after the crash, posting a photo of the wreckage. "God Bless their Souls! Omg!"

The driver of the Maserati died later at a hospital, police said. A passenger in the vehicle received minor injuries and was being interviewed by investigators. At least three others were also injured.

Police in Nevada, California, Arizona and Utah were on alert for the distinctive black Range Rover SUV, described as having dark-tinted windows, black rims and out-of-state paper dealer plates.

"We are going to pursue these individuals and prosecute them," Clark County Sheriff Doug Gillespie said at an afternoon news conference. "This act was totally unacceptable. It's not just tragic but unnecessary — the level of violence we see here in Las Vegas and across America."

Authorities had not publicly identified the dead. But a Las Vegas television station late Thursday identified the taxi driver as Michael Boldon, 62, who the station said had recently moved here from Michigan to care for his 93-year-old mother.

The victim's son, who drives a limousine, told Fox News 5 that he last talked with his father after 3 a.m., and later called his cellphone shortly after the crash to warn him to avoid the Strip. But there was no answer.

The station also identified the driver of the Maserati as Ken Cherry, a rap artist from Oakland who also is known as "Kenny Clutch." The station quoted family members identifying Cherry as the driver. An Internet video of a Cherry song called "Stay Schemin" shows two men in a vehicle on the Strip.

Police had more questions than answers.

"It began with a dispute at a nearby hotel and spilled onto the streets," said Capt. Chris Jones of the Las Vegas Police Robbery and Homicide Division.

The morning's events threw the Strip into disarray all day. The gambling boulevard's busiest and best-known intersection was cordoned off by yellow police tape until nightfall, keeping traffic and curious pedestrians away from the carnage. Even skywalks were blocked off.

While slot machines beeped and card games continued inside casinos around the accident scene — including the Bellagio, Caesars Palace and Paris Las Vegas — hotel bell captains were fielding questions from tourists who had awakened to news of the crash and the Strip shutdown. The alleys and side streets between nearby hotels were clogged with pedestrians who inched along on narrow sidewalks, past delivery doors, many making their own paths between the landscaped bushes and palm trees.

Even casino industry workers were thrown into turmoil. Hotel maids and dealers who finished their midnight shifts after dawn were left without bus service home. "I'm stranded," said Tiruselam Kefyalew, 25, a maid. "What a day to leave my cellphone at home."

Limousine drivers who normally prowl the city's gambling core improvised detours. Some said the police blockade would cost them $500 or more in lost business and tips.

"Most people understand, but you have your complainers," said Jim DeSanto, a limo driver who waited for fares outside Bally's casino. "Those people will complain, even when everything is perfect."

Well after noon, guests peered out nearby hotel windows and others leaned into the street to glimpse the crime scene.

"Hey, honey, it must have happened right here," one man told his wife as they left Caesars around noon. The tourist, who would only say that he had arrived from Tampa, Fla., the previous evening, had looked out his hotel window at 4:30 to see a vehicle in flames.

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Adele, 'Les Miserables' cast sing on Oscar stage

LOS ANGELES (AP) — It was an extra starry, musical day at the Dolby Theatre.

Adele took the stage first Friday, followed by the cast of "Les Miserables," singing together of the first time.

Oscar nominees Hugh Jackman and Anne Hathaway, along with co-stars Russell Crowe, Amanda Seyfried, Helena Bonham-Carter, Sasha Baron-Cohen, Eddie Redmayne, Aaron Tveit and Samantha Barks rehearsed their performances on the Oscar stage. They were backed by members of the musical's stage productions from London and Broadway.

"Les Miserables" director Tom Hooper sat in the front row of the theater as his cast sang together on stage.

Moments earlier, Adele dazzled the tiny audience of show workers with her performance of the James Bond theme "Skyfall."

She giddily remarked, "We're seated in the front row!"

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Well: Savory Pie Recipes for Health

Pie is an indulgence often saved for holiday time. But this week Martha Rose Shulman shows us how to bake a pie and eat it too, without the guilt. She offers savory vegetable pies, showcased in whole grain crusts. She writes:

This week I slowed down and made pies: savory ones filled with vegetables … I used a number of different crusts for my winter pies. My favorite remains the whole wheat yeasted olive oil crust that I have used before in this column, but I also worked with a simple Mediterranean crust made with a mix of whole wheat flour, all-purpose flour and olive oil. And for those of you who are gluten-free, I made another foray into gluten-free pastry and produced one I liked a lot, which was a mix of buckwheat flour, millet flour and potato starch. It had a strong nutty flavor that worked well with a very savory, very vegan, tofu and mushroom “quiche.” They are all simple to mix together and easy to roll or press out. And if you don’t feel like dealing with a crust, just use Greek phyllo. The important things, after all, are the savory vegetables inside.

Here are recipes for a pie crust and four savory winter vegetable pies.

Whole Wheat Mediterranean Pie Crust: A simple Mediterranean crust made with a mix of whole wheat flour, all-purpose flour and olive oil.

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Mixed Greens Galette With Onions and Chickpeas: A tasty way to use bagged greens in a dish with Middle Eastern overtones.

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Goat Cheese, Chard and Herb Pie in a Phyllo Crust: A garlicky mix of greens and your choice of herbs inside a crispy phyllo crust.

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Tofu Mushroom ‘Quiche’: A vegan dish with a deep, rich flavor.

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Winter Tomato Quiche: Canned tomatoes can be used in the off season for a delicious dinner.

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Hiltzik: Herbalife's academic team

Herbalife International says it's all about helping people "pursue healthy, active lives." UCLA's Geffen School of Medicine likes to think of itself as being in the forefront of medical research and modern healthcare.

But the curious relationship between these two supposed champions of healthful living should turn your stomach.

Herbalife is the Los Angeles nutritional supplement firm that has become the centerpiece of a ferocious Wall Street tug of war. The major player is hedge fund manager Bill Ackman, who contends that Herbalife is a scam to sell overpriced products by fooling people into becoming Herbalife "distributors" by implying the business will make them rich. He says he's shorted $1 billion in Herbalife shares as a bet that the company is destined to collapse. On the other side are investors who either believe Herbalife will stay a highflier, or who just want to squeeze Ackman dry. (He's not a popular chap.)

One of Ackman's accusations against the company is that it exaggerates the scientific research behind its powders and pills. That's where UCLA comes in, because Herbalife has exploited its "strong affiliation" with the medical school to give its products scientific credibility.

Those words were uttered by Herbalife CEO Michael Johnson during a 2007 conference call. In fact, Johnson seldom lets an investor event pass without mentioning UCLA, specifically the Mark Hughes Cellular and Molecular Nutrition Lab at the medical school's Center for Human Nutrition. Herbalife says it has contributed $1.5 million in cash, equipment and software to the lab since 2002. (The lab is named after Herbalife's founder, who died in 2000 after a four-day drinking binge — not the greatest advertisement for healthful, active living.)

That's not much of an investment for a company that collected $2 billion in profits over the same period. But Johnson sometimes refers to the lab as if it's an Herbalife facility. "Our product development stems out of our own research and development labs," he told an investor conference in 2008. "It comes from UCLA where we have the Mark Hughes Cellular Lab there."

Nor does Johnson shrink from the admission of what he hopes to gain from the UCLA connection. In 2007, explaining how he inculcates Herbalife's distributors with respect for the firm's protein powders and other supplements, he said: "We bring these great minds from UCLA to join us, to give them confidence in these products."

That brings us to Herbalife's prime UCLA trophies, David Heber and Louis Ignarro.

Heber is director of the Center for Human Nutrition and a professor at the medical school. He's a well-known obesity specialist with hundreds of scientific articles and four popular diet books to his name. He's also chairman of Herbalife's "Nutrition Advisory Board," a collection of credentialed experts who supposedly meet once a year and sometimes make appearances at Herbalife events. Ignarro and two other UCLA medical school faculty members, dermatologist Jenny Kim and psychiatrist and aging specialist Gary Small, are also on the board. (None replied to my requests for comment.)

The board members traditionally have been paid as much as $60,000 annually, plus a per diem of up to $3,000 for event appearances. (This year, the company said it cut them back to $20,000 a year and $1,500 per diem).

Heber has a special deal, however. A firm he's "affiliated with" collects an annual payment of $300,000 from Herbalife, according to Herbalife disclosures. He also received Herbalife stock grants in 2005, 2010, 2011 and 2012. Herbalife refuses to say how much those grants were worth, and Heber refused to talk with me.

What was he paid for? According to a company spokesman, "for the use and promotion of the nutritional philosophies, theories and concepts contained in his bestselling books," as well as to lend luster to the company's products. In a 2009 promotional video, Johnson introduced Heber as a UCLA faculty member and as "a good friend, a pal and a mentor of Herbalife in all things nutrition." Together they bemoaned the nutritional catastrophe of fast-food burger and fries and offered up an Herbalife protein shake as though it's the only sensible alternative.

Ignarro is an even bigger catch. A professor at the medical school's department of pharmacology, he shared the 1998 Nobel Prize in physiology or medicine for work on the role of nitric oxide in cardiac health. Herbalife soon put him on its payroll. Since 2003, according to corporate disclosures, it has paid a consulting firm connected to Ignarro a total of $17.8 million.

The money principally covers royalties on the sale of an Herbalife product called Niteworks, the label of which carries Ignarro's signature and explicit endorsement. Niteworks, which Herbalife says is "based on" Ignarro's research, chiefly comprises the amino acids L-argenine and L-citrulline, which supposedly generate nitric oxide in the body. There's no evidence that the formulation has ever been subjected to clinical trials to determine its safety and efficacy for humans, and under a 1994 law it doesn't have to be — as a nutritional supplement, it's exempt from Food and Drug Administration oversight of the sort applied to pharmaceuticals.

Ignarro's connection with Herbalife hasn't been free of embarrassment: In 2003 and 2004 he co-wrote two academic articles about the positive affect of nitric oxide on mice, without disclosing his role with the marketing of Niteworks or his connection to Herbalife. The journal that published both papers had to run corrections making the appropriate disclosures. He later apologized, saying that his Italian co-authors "inadvertently failed" to make the disclosures and asserting that he did not act improperly. He didn't respond to my request for an interview.

Herbalife relentlessly promotes its Ignarro connection. At distributor events he's treated like a rock star, telling packed, cheering audiences how great Niteworks is — "It's magical in that it works!" He can be seen in an Herbalife video talking about this "refreshing lemon-flavored product" that "enhances the body's natural nitric oxide production while you sleep." If you look fast, you'll see a disclaimer flash on the screen warning that these statements "have not been evaluated by the Food and Drug Administration" and that Niteworks "is not intended to diagnose, treat, cure or prevent any disease."

That's a clue to how Heber and Ignarro can make grandiose claims for Herbalife products with impunity: That same 1994 law allows nutritional supplement marketers like Herbalife to say almost anything about their nostrums, as long as they flash that pro-forma disclaimer.

It's hard to blame Herbalife for seeking credibility by throwing money at college professors; marketing 101 tells us that even an implicit university endorsement can sprinkle pixie dust over the meanest product. Throw in a Nobel Prize, and you're golden. Nor is Herbalife the only firm to dig its talons into the medical school's Center for Human Nutrition. In one of his books Heber mentions that the center's donors have included Lynda and Stewart Resnick, whose Roll Global markets Fiji Water, Pom Wonderful pomegranate juice and Wonderful Pistachios.

So you may not be surprised to learn that in 2008 Heber was appointed to the firm's Pistachio Health Scientific Advisory Board. Or that he was co-author of a 2012 scientific paper finding that pistachios are a more healthful snack than pretzels. Or that when Pom got in trouble with the Federal Trade Commission for making inflated health claims for its pomegranate juice, he was a leading expert witness for the defense. (The FTC found the firm's ads deceptive anyway.)

Heber, Ignarro and their colleagues certainly have some sound medical and nutritional ideas to offer, but they've made it impossible to know where the sensible ideas end and the shilling for Herbalife begins. Herbalife maintains that it employs its UCLA cadre "as individuals, not in their capacities as UCLA employees or representatives." But that's baloney of an especially non-nutritious variety: Most of them are on the Herbalife payroll because of their UCLA connection.

That's a serious issue for the medical school. At what point does it lose its reputation as a source of objective scientific knowledge, and become instead an arm of Herbalife's (or the Resnicks') P.R. machine? At what point does it begin to look like a university for sale?

When torrents of cash fall upon people like Heber and Ignarro — especially when the payments promote interests fundamentally in conflict with their responsibilities for thorough, objective research — it's proper to ask whether the recipients should be viewed primarily as university professors with an income source on the side, or as agents of industry exploiting their academic titles for show.

The University of California has a "conflict-of-commitment" policy governing the outside activities of its faculty members, but it may be too tolerant. The policy frowns on outside salaried work without written permission, but it provides a yawning loophole for arrangements like consultantships. Faculty are required to maintain "appropriate standards of scholarly inquiry" and to practice "intellectual honesty."

The policy is silent on how those standards might be affected by outside income of $300,000 a year, much less $17.8 million over a decade.

UCLA plainly hasn't done enough to make sure that its faculty aren't trading on its name in ways that devalue that name. But Herbalife may not be gaining as much as it thinks, either. Examine this relationship closely enough, and when you ask yourself whose claims for the healthfulness of these products you should believe, Herbalife's or the professors', you may find that the only safe answer is: nobody's.

Michael Hiltzik's column appears Sundays and Wednesdays. Reach him at mhiltzik@latimes.com, read past columns at latimes.com/hiltzik, check out facebook.com/hiltzik and follow @latimeshiltzik on Twitter.

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Coronado sailors clean up imperiled birds' nesting areas

CORONADO —On most days, a three-mile stretch of Silver Strand beach here is used for training Navy SEALs, sailors and Marines.

Thursday was not a usual day.

Dozens of sailors spent the morning in a slow, head-down walk along the restricted beach, searching for detritus that could harm the Western snowy plover and the California least tern, two imperiled bird populations that use the strand for nesting.

"This is our office," said sailor Daniel Torres, 26, from New Mexico, one of the Navy beachmasters — specialists in bringing vehicles and other heavy equipment ashore from amphibious assault ships. "We're here every day. It's good to clean up your office once in a while."

And clean they did: 14 cubic yards of junk, including plastic bags, foam cups, straws, small pieces of rope, Chemlights, cigarette packages, aerosol cans, chunks of wood and a few tires. Much of the stuff probably washed ashore from civilian boats, but the dummy bullets were definitely military.

"I love birds," said sailor Jake Herman, 20, of Chicago, opening his hand to display a half-dozen of the blanks that he had just scooped from the sand.

For the plover and the tern, nesting season stretches from March to September. Training continues, but officers in charge of the exercises are given maps indicating the location of tern nests. The nests of the plovers, the more imperiled of the populations, are marked by blue stakes, said Tiffany Shepherd, wildlife biologist for Naval Base Coronado.

Two years ago, 139 plover nests and 1,146 tern nests were found on military locations in Coronado. Records are kept of how many tern nests are destroyed by training — about 30 to 40 a year on the oceanfront, Shepherd said.

The military plans to greatly increase training on Silver Strand, giving the cleanup and mapping process added significance. The SEALs are boosting their numbers, and the Marines, with the war in Afghanistan winding down, are returning to their historic specialty: striking from the sea.

In an 818-page environmental impact report, written by the Navy and the U.S. Fish and Wildlife Service, the military pledged that the birds will not suffer because of the increased military use of the beach.

Environmental groups are taking a wait-and-see attitude.

"If the military does everything it has promised, the birds should not be negatively impacted," said Rebecca Schwartz, conservation program manager with the San Diego Audubon Society. "Audubon, and other groups, will be watching very closely."

Katherine Weiler of the U.S. Environmental Protection Agency walked beside the sailors Thursday, taking notes.

"The birds target small pieces of brightly colored plastic," she said. "They think it's something to eat."

Also monitoring the cleanup was Malloy Watson, community engagement coordinator with San Diego Coastkeeper, which leads cleanup drives on public beaches.

This beach may be military, she noted, but the debris "is still public."

tony.perry@latimes.com

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Winfrey, 'Beasts' actress honored at Essence lunch

BEVERLY HILLS, Calif. (AP) — Nine-year-old Oscar nominee Quvenzhane' (Kwa-VEHN-ja-nay) Wallis toted a plush, dog-shaped purse with jeweled handles as she rubbed shoulders with Oprah Winfrey and Alfre Woodard.

The star of best-picture contender "Beasts of the Southern Wild" was among the honorees Thursday at Essence magazine's sixth annual Black Women in Hollywood awards luncheon. Quvenzhane stood on a step so she could speak at the podium, and thanked God, "Beasts" director Behn Zeitlin and her "baby sitter that was on set."

Quvenzhane is the youngest best-actress nominee in Oscar history, and one of only 10 African-Americans recognized in the category.

Actresses Gabrielle Union and Naomie Harris, and writer-director Mara Brock-Akil also were honored at the Essence event at the Beverly Hills Hotel.

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Living With Cancer: Arrivals and Departures

After being nursed and handed over, the baby’s wails rise to a tremolo, but I am determined to give my exhausted daughter and son-in-law a respite on this wintry evening. Commiserating with the little guy’s discomfort — gas, indigestion, colic, ontological insecurity — I swaddle, burp, bink, then cradle him in my arms. I begin walking around the house, swinging and swaying while cooing in soothing cadences: “Yes, darling boy, another one bites the dust, another one bites the dust.”

I kid you not! How could such grim phrases spring from my lips into the newborn’s ears? Where did they come from?

I blame his mother and her best friend. They sang along as this song was played repeatedly at the skating rink to which I took them every other Saturday in their tweens. Why would an infatuated grandma croon a mordant lullaby, even if the adorable one happily can’t understand a single word? He’s still whimpering, twisting away from me, and understandably so.

Previously that day, I had called a woman in my cancer support group. I believe that she is dying. I do not know her very well. She has attended only two or three of our get-togethers where she described herself as a widow and a Christian.

On the phone, I did not want to violate the sanctity of her end time, but I did want her to know that she need not be alone, that I and other members of our group can “be there” for her. Her dying seems a rehearsal of my own. We have the same disease.

“How are you doing, Kim?” I asked.

“I’m tired. I sleep all the time,” she sighed, “and I can’t keep anything down.”

“Can you drink … water?” I asked.

“A little, but I tried a smoothie and it wouldn’t set right,” she said.

“I hope you are not in pain.”

“Oh no, but I’m sleeping all the time. And I can’t keep anything down.”

“Would you like a visit? Is there something I can do or bring?” I asked.

“Oh, I don’t think so, no thanks.”

“Well,” I paused before saying goodbye, “be well.”

Be well? I didn’t even add something like, “Be as well as you can be.” I was tongue-tied. This was the failure that troubles me tonight.

Why couldn’t I say that we will miss her, that I am sorry she is dying, that she has coped so well for so long, and that I hope she will now find peace? I could inform an infant in my arms of our inexorable mortality, but I could not speak or even intimate the “D” word to someone on her deathbed.

Although I have tried to communicate to my family how I feel about end-of-life care, can we always know what we will want? Perhaps at the end of my life I will not welcome visitors, either. For departing may require as much concentration as arriving. As I look down at the vulnerable bundle I am holding, I marvel that each and every one of us has managed to come in and will also have to manage to go out. The baby nestles, pursing his mouth around the pacifier. He gazes intently at my face with a sly gaze that drifts toward a lamp, turning speculative before lids lower in tremulous increments.

Slowing my jiggling to his faint sucking, I think that the philosopher Jacques Derrida’s meditation on death pertains to birth as well. Each of these events “names the very irreplaceability of absolute singularity.” Just as “no one can die in my place or in the place of the other,” no one can be born in this particular infant’s place. He embodies his irreplaceable and absolute singularity.

Perhaps we should gestate during endings, as we do during beginnings. Like hatchings, the dispatchings caused by cancer give people like Kim and me a final trimester, more or less, in which we can labor to forgive and be forgiven, to speak and hear vows of devotion from our intimates, to visit or not be visited by acquaintances.

Maybe we need a doula for dying, I reflect as melodious words surface, telling me what I have to do with the life left to be lived: “To love that well, which thou must leave ere long.”

“Oh little baby,” I then whisper: “Though I cannot tell who you will become and where I will be — you, dear heart, deliver me.”

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Susan Gubar is a distinguished emerita professor of English at Indiana University and the author of “Memoir of a Debulked Woman,” which explores her experience with ovarian cancer.

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