The NFL and over 4,500 former players are currently attempting to negotiate a settlement in the massive multi-district concussion litigation against the league. In brief, the plaintiffs’ accuse the NFL of intentionally downplaying and concealing the risks of concussions and the role of head injuries in later-life cognitive decline. Negotiations to resolve the matter recently resumed after U.S. District Judge Anita Brody rejected a proposed $765 million settlement deal that had been reached by the parties. Judge Brody strongly believed that this amount would be …
Continue ReadingTag: Workers’ Compensation
Workers’ Compensation Claim from the Fringe (of the Premises): Harrah’s Atlantic City Liable for Claim At Very Edge of Property
Per a January 17, 2014 decision of the Appellate Division of the Superior Court of New Jersey, Harrah’s Atlantic City (Harrah’s) is liable for a claim occurring at the very outskirts of its property.
The undisputed facts of the claim are that Ms. Burdette, a casino dealer for Harrah’s, finished her shift on September 19, 2012. During the course of her exit from the property, she drove her vehicle along a Harrah’s internal driveway and through a Harrah’s security gate, but her vehicle was struck …
Continue ReadingEx-Players Sue Kansas City Chiefs Over Concussions
The Kansas City Chiefs are the latest target of concussion litigation. On December 3, 2013, five former members of the NFL team sued for damages related to head injuries.
The case was filed in a Missouri state court on Tuesday by Alexander Cooper, Joseph Phillips, Kevin Porter, Leonard Griffin, and Christopher Martin. It is the first concussion lawsuit filed against an NFL team, rather than the league.
The players allege similar complaints to those in the suit settled earlier this year. They are suing on …
Continue ReadingFormer Steelers Player Loses Appeal for Workers’ Compensation Benefits in Pennsylvania
On August 29, 2013, the Commonwealth Court of Pennsylvania ruled against former Pittsburgh Steelers player Ainsley T. Battles in a claim for workers’ compensation benefits based on a ruling that Battles’ injury did not result in a compensable loss of earnings.
The Steelers signed Battles to a one-year contract in 2004-2005, however, his season unfortunately ended during Week One when claimant tore his left hamstring. The team physician, Dr. James Bradley, performed surgery three days after the injury and Battles underwent a lengthy period of …
Continue ReadingState of Arizona Requires “Temporary Workers” To File Workers’ Compensation Claims in Arizona
On April 3, 2013, the Governor of Arizona, Jan Brewer, approved Senate Bill 1448 drastically limiting the ability of workers who “temporarily” work outside of Arizona to file claims in other jurisdictions.
In relevant part, SB 1148 provides that workers employed in Arizona who “temporarily leave[] this state incidental to th[eir] employment” and are injured must file their workers’ compensation claim in the state of Arizona. A worker is deemed “temporarily” in another state if the claimant has done work for fewer than 90 continuous …
Continue ReadingRetired NFL Players Struggle To Get Medical Benefits
The physical rigors of an NFL career are familiar to any football fan. However, the unfortunate case of former Cincinnati Bengal Reggie Williams is one that stands out, and is instructive of the difficulties faced by former NFL players in getting post-career medical treatment. During a playing career, all medical care for players is covered under the league’s collective bargaining agreement. And vested players (those with at least three-years experience) are entitled to medical care for five years after the end of their career. However, …
Continue ReadingLouisiana Court Limits Workers’ Compensation Recovery
On May 16, 2013, the Court of Appeal of Louisiana (5th Circuit), held that former National Football League (NFL) player Daniel Campbell was not entitled to workers’ compensation benefits based on his projected NFL salary instead of his pre-season earnings.
In June through August of 2009 during pre-season training, Mr. Campbell sustained two separate injuries to his right knee which effectively ended his career as a football player. Per his contract with the New Orleans Saints, he was to earn $525 per week for …
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