Louisiana 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 pre-season activities and if he were unable to perform because of a pre-season injury, he would receive his $335,000 base salary for that year.  Following the injuries, the Saints did pay Mr. Campbell the $335,000 salary and also paid for claimant’s medical treatment.  Subsequently, Mr. Cambell did volunteer coaching work following the injury and ultimately signed a consulting contract with the Miami Dolphins in July 2010 for gross wages of $72,000 for seven months’ work.  Mr. Campbell’s coaching contract was renewed at $275,000 for the following year and $300,000 for the next two years.

Mr. Campbell then brought a claim seeking temporary total disability benefits and supplemental earnings benefits.  The claim was initially denied as claimant was found to have received wages in lieu of compensation and because Mr. Campbell failed to demonstrate that he was unable to earn 90% of his pre-injury wages.

On appeal, Mr. Campbell asserted that the claim for benefits should be reinstated as he asserted that his average weekly wage should be calculated based on his $335,000 base contract amount, thus entitling him to supplemental earnings benefits.  The Court of Appeal concluded that although the initial decision did not so specify, it was clear that the denial of supplemental earnings benefits was proper as Mr. Campbell earned in excess of his $525 per week pre-season activities earnings and that it would be improper based on Hoffman v. New Orleans Saints (10-391 [La. App. 5 Cir. 1/25/11], 56 So.3d 446, writ denied, 11-0676 [La. 5/6/11], 62 So.3d 126) and prior authority to base his average weekly wage on his $335,000 salary.  Although Mr. Campbell asserted that Fourth Circuit authority required a different result (see Meier v. New Orleans Saints, 08-1158 (La. App. 4 Cir. 3/12/09), 6 So.3d 944), that result was rejected as out-of-circuit authority.

For more, see Campbell v. New Orleans Saints, 12-886 (La.App. 5 Cir. 05/16/13); 2013 La. App. LEXIS 958.

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