N.F.L. Makes Open-Ended Commitment to Retirees in Concussion Suit

Barring professional athletes from claiming workers' compensation benefits did not stop the mass filing of civil action claims for intentional harm against the NFL Today's post is shatred from the nytimes.com

The N.F.L. has made an open-ended commitment to pay cash awards to retirees who suffer from dementia and other diseases linked to repeated head hits, according to documents filed in the United States District Court for the Eastern District of Pennsylvania on Wednesday.

The guarantee is part of a revised settlement in the contentious lawsuit filed by about 5,000 retired players who accused the league of hiding from them the dangers of concussions.

In August, the league agreed to pay $765 million to settle the suit with the retired players, with $680 million of that amount set aside for cash awards. But Judge Anita B. Brody rejected the proposal in January because she said she doubted whether there would be enough money to cover all the claims over the 65-year life of the settlement.

Lawyers for the league and the plaintiffs spent the past six months revising the settlement. If the judge approves the new version in the coming weeks, it will be sent to all 18,000 retired players and their beneficiaries, who can then approve the settlement, object or opt out of it. The results of that vote are unlikely to be known for at least several months, and no players will be paid until all appeals are exhausted.

The league’s new promise to compensate all qualified claims could convince retirees who said they would opt out of the original settlement because they felt the league could have set aside more money for players with serious neurological disorders.

“Today’s...
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Football: The Business of Uncompensated Injuries

It is hard to image that any other Industry that denies its employees workers’s compensation benefits for known work-connected injuries would be bragging about a mere 13% reduction in head injuries. That is what the NFL is doing this week in advance of it’s annual mayhem ritual called the Super Bowl. Sports entertainment is just big business. A major distraction to the routine of boring and tedious daily activities the NFL has found an addictive niche market, feed by high TV rating (ESPN) and fueled by gambling. A common denominator of public distraction.  The pawns in the system are those young “student-athletes” who take a risk as unpaid talent to carry on the dream for riches and fame as cheap (free) talent for the cause of school spirit and the hope of landing an NFL contract. The tragic risks exist even at that level of are more than obvious as I saw a Rutgers player crack his neck on the MetLife Stadium field in the Rutgers v Army game a couple of years ago. Todays post is shared from the nytime.com/.  As the professional sports conglomerates spread their political influence from state house to state house demolishing the basic tenants of workers’ compensation.They continue their effort to bar injured players from seeking basic workers’ compensation benefits for known occupational risks,.They are now bragging about a mere 13% reduction. What about the other 87%? The injured players they can go uncompensated? The...

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Concern Raised Over Opt-Out Terms of NFL Concussion Settlement

Today's post was shared by WSJ Law Blog and comes from blogs.wsj.com

When a federal judge refused to sign off on the NFL’s $764 million concussion settlement with retired players earlier this month, both the league and lead plaintiffs’ lawyers portrayed the development as a mere procedural hiccup.

The deal may appear to be within inches from the goal line, but the family of the late NFL star Junior Seau is putting up resistance, emerging as one of the most vocal critics of the proposed settlement.

An attorney for the Seau family filed a memo on Jan. 24 objecting to the tentative terms. The family may not be alone as lawyers representing dozens of former NFL players pore over the fine print of the 85-page proposed deal.

U.S. District Judge Anita Brody held off on giving her preliminary approval of the deal because she was concerned that the $764 million might not be enough to cover all potential recipients. She instructed both sides to supply the court with more information on how they arrived at their numbers.

The lawsuit by the Seau family, who are potential class members, stands apart from the bulk of claims, most of which do not involve the death of a player. But some of the family’s objections raise broader concerns that could resonate with other plaintiffs, according to Steve Strauss, the attorney representing Mr. Seau’s children.

Speaking to Law Blog, Mr. Strauss said he was especially concerned by the opt-out terms in the deal.

Plaintiffs who do not want to bind themselves to the settlement would have...

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A Lesson: The White House Seeks To Enlist LeBron James to Sell Obamacare

After last night's NBA title victory by the Miami Heat*, it has been reported that The Obama Administration is seeking to recruit LeBron James to sell Obamacare (The Affordable Care Act) 

Photo Credit: whitehouse.gov

Perhaps that idea could be mirrored in the effort to defend traditional workers'  compensation programs as more beneficial systems than Opt-Out systems and the denial of benefits for professional athletes.

Read: White House seeks NBA assist on Obamacare

*Heat Melt Spurs To Win Second Consecutive NBA Title
LeBron James had 37 points and 12 rebounds and the Miami Heat repeated as champions with a 95-88 victory over the San Antonio Spurs in Game 7 of the NBA Finals ....
More at NPR.org:
http://n.npr.org/NPRI/jN414323625_1737920_1737919_Z.htm

Read more about The Affordable Care Act and workers' compensation:

NCCI: Obamacare Creates Uncertainty for the Workers

May 16, 2013

NCCI: Obamacare Creates Uncertainty for the Workers' Compensation Insurance Line in 2014. NCCI now predicts uncertainty for workers' compensation insurance in 2014 based upon the implementation of Obamacare.

http://workers-compensation.blogspot.com/

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Workers' Compensation Has Become A Territorial Fight

As the nation's economy continues to struggle for upward movement, workers' compensation has become a political battlefield. Professional athletes have become a target as states attempt to pass legislation to restrict claims from visiting athletes.

"Controversial legislation that would restrict most professional athletes from out-of-state

teams from filing claims in California workers' compensation courts won overwhelming approval Thursday in the state Assembly.

Despite aggressive lobbying by professional football players and other athletes, the bill, AB 1309, passed 61 to 4. The measure now goes to the state Senate.

"Our workers' compensation system has been increasingly exploited by out-of-state professional players at the expense of California teams and all California businesses," said the bill's author, Assemblyman Henry T. Perea (D-Fresno). "The flood of claims are raising insurance costs for all employers."

See the complete article: Assembly OKs workers' comp bill to ban out-of-state athletes

Read more about "athletes" and workers' compensation

Student Athletes Should be Covered by Workers' Compensation Policies

Student Athletes Should be Covered by Workers' Compensation Policies

They call them "student players" and the schools, televisions companies and advertisers make the money. The "students" get injured and no benefits are available for medical (except when over $90,000 on medical has been expended then an NCAA policy kicks in), no temporary disability or permanent disability are afforded. The student suffer lifetime and carrer altering injuries as they play their hearts out for the schools and they do so without adequate compensation.

There is major inequality going on in College sports which indeed is a BIG business. 

The coaches hammer at the student players and entice them to play too many games in a growing TV broadcast season where one conference add up upon another expanding to greater proportions and placing serious physical demands upon the player resulting in accidents and injuries. 

Additionally bullying by coaches as revealed by Rutgers Basketball Coach Rice physically assaults the students and berates them with indecent name calling.

Where is the accountability? The students are actually employed by the schools to earn profits for the educational institutions and corporate sponsors. The student players are being exploited. Student athletes should be covered by workers' compensation policies.