In a previous article (“Stemming the California Workers’ Compensation ‘Gold Rush’: AB 1309”) we previously covered the California’s legislature’s attempt to crack down on “cumulative trauma” type injuries being filed by former sports players who have spent the majority of their careers playing for non-California based teams or who have played a handful of games in California for other teams. Supporters of the bill have maintained that it will curtail attempts by athletes with little or no connection to the state of California …
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Eighth Circuit Retires Former Player’s Claims Against NFLPA
On September 23, 2013, the Eighth Circuit Court of Appeals affirmed a decision that rejected NFL retirees’ claims against the NFL Players Association (NFLPA). The retirees alleged that they were wrongfully excluded from settlement negotiations during the 2011 NFL lockout. As a result, they claimed they lost out on at least $600 million in benefits.
Two lawsuits were filed during the lockout. One suit was brought by active players against the NFL and the other by retired players against the NFL and its teams. Since …
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 …
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Judge Orders NFL Retirees to Drop Two Cases
A U.S. District Judge in Minnesota dismissed two new cases relating to the publicity rights of NFL retirees. On September 6, 2013, the judge said the cases were filed too early and violated the terms of an earlier order.
The two cases arose out of unhappiness with a settlement in an earlier case. In that case, ex-players alleged that the NFL wrongfully used their likenesses in marketing materials. On April 8, 2013, a settlement was preliminarily approved for the dispute. According to the settlement, a …
Continue ReadingNFL Settles for $765 Million in Concussion-Related Lawsuits
The National Football League has agreed to settle the massive class action litigation brought against it by more than 4,500 former football players who alleged that the league intentionally downplayed the risks of concussion-related head injuries and their long-term effects on cognitive decline. Former United States District Judge Layn Phillips, the court-appointed mediator, announced that the NFL will contribute $765 million to provide medical benefits and injury compensation for retired NFL players. The settlement will also pay for medical and safety research, and cover litigation …
Continue ReadingMore Former Players Sue NFL for Concussions
On Tuesday, August 13 eighty-three more National Football League (NFL) players sued the NFL regarding concussions related injuries. According to the Washington Times, Pro Bowl players Clinton Portis and Daunte Culpepper were among the players that filed suit.
The complaint alleges that Portis suffers from headaches and is “at a heightened risk of developing further adverse neurological symptoms in the future.”
Earlier this year, Portis stated that he suffered a number of concussions while playing. He couldn’t give an exact number because there were …
Continue ReadingStemming the California Workers’ Compensation “Gold Rush”: AB 1309
As the Sports and Entertainment Law Insider has detailed in a prior article, California remains a popular site for current or former professional athletes to file workers’ compensation claims with its relaxed rules on the filing of cumulative trauma-type claims. However, this may be coming to an end shortly.
As recently estimated by Gary Toebben, President and CEO of the Los Angeles Area Chamber of Commerce, 4,500 claims have been filed with up to another 5,000 claims pending, resulting in nearly $750 million in …
Continue ReadingDo the NFL and Its Fans Care About Steroids?
In the wake of the notorious Alex Rodriguez/Biogenesis/performance enhancing drug (PED) scandal, fans have been questioning the lack of response from various other sporting organizations. The Biogenesis scandal has implicated more than just MLB players. Indeed, athletes from the NBA, MMA, tennis and NCAA have also been caught up in this scandal. Surprisingly, no players from the NFL have been implicated and the main reason is because these steroids are legal so they will not have any problem.
Since 2010, the NFL has adhered to …
Continue ReadingJudge Orders NFL and Former Players to Mediate Concussion Claims
On Monday, July, 8 2013 a Pennsylvania federal judge ordered a mass of National Football League (NFL) concussion cases to mediation. The cases were brought by more than 4,000 former National Football League players accusing the league of negligence and concealing the dangers of concussions. The players say the league has known for years, or even decades about the long-term dangers of concussions. The league responded that it released warnings based on the medical research available at the time.
The NFL filed motions to …
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, …
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