Workers’ Compensation 2

Football Players – NOT Seasonal Employees

abesbaumann on February 24, 2020

By Sandra Weigel Kokal

In follow-up to our prior posting – the Commonwealth Court of Pennsylvania recently issued its Decision regarding the precedent that professional football players are “seasonal employees” under the Pennsylvania Workers’ Compensation Act. In the case of Pittsburgh Steelers Sports Inc v. Workers’ Compensation Appeal Board (Trucks), Attorney Baumann had argued that Mr. Trucks signed a yearly contract with the Steelers and as such was required to perform year-round obligations for the team. In opposition, the Steelers had argued Mr. Trucks was just a seasonal employee.

The Court agreed with Attorney Baumann’s arguments. In rejecting the Steelers’ arguments and prior case law, the Court stated the facts and terms of Mr. Truck’s contract demonstrate that he was not a seasonal employee. Specifically, the Court stated Mr. Trucks’ contract covered 2 football seasons and included a number of performance obligations, which included the following: attend all mini-camps, pre-season training, all meetings, practice sessions, all pre-season, regular season and postseason games, any all-star games, cooperate with news media, attend 10 assigned appearances a year, and he was prohibited from playing football outside of employment. In exchange for performing these obligations, he received a yearly salary for those 2 seasons. Trucks obligations did not limit his activities to just the regular football season; therefore, the Court stated his employment was NOT seasonal.

Insurance Carrier Fraud

Eric Abes on July 8, 2015

By: Douglas A. Williams

You’ve probably heard stories about people who have received workers’ compensation benefits but aren’t really injured. Local news programs sometimes report such stories. Certainly, workers’ compensation insurance companies do everything in their power to create the perception that all recipients of workers’ compensation benefits are lazy, shiftless cheats who are out to defraud the system. It is certainly true that some people do try cheat the system. Such people are justifiably condemned as they bring suspicion on the overwhelming majority of injured workers who have legitimate injuries. These workers, as well as their families, have suffered immensely – both physically and mentally. Having often endured extensive medical treatment, the loss of a job, and great economic hardship, it is the ultimate insult to question their integrity.

What is less publicized and less well-known is that, sometimes, workers’ compensation insurance carriers try to cheat the system. Below is a link to an article published in Courthouse News Service. This article documents a recent class action suit filed in California against several different workers’ compensation insurance carriers, one law firm, and a number of individuals. In the law suit, Hector Casillas, an injured worker in California, alleged that workers’ compensation insurance companies hacked into a website utilized by the law firm who represented him and stole his confidential information as well as the information of thousands of other individuals. Casillas further claims that the confidential information that was stolen was used by the insurance carriers to gain a litigation advantage.

It’s important to note that Casillas’s allegations haven’t yet been proven. Nonetheless, the case serves as a poignant reminder that insurance companies are constantly striving to get an upper hand against injured workers.

VIEW THE ARTICLE HERE

NFL Concussion Settlement

Eric Abes on September 30, 2014

A Federal Court has approved the Settlement of the Class Action Lawsuit filed by former NFL players against the National Football League. These former players, now retired, filed suite accusing the NFL for damages for not informing them that they may have possible brain injuries and consequences of same. The settlement discussions were long and tense and, at times, included dissension within the Plantiff’s own ranks.

The final settlement provides for players to receive the following three benefits:

1. Medical exams for symptoms of concussion syndrome for all retired NFL players so that if conditions later develop or deteriorate there will be a baseline for same.

2. Financial awards for diagnosis of brain injury diseases, such as Alzheimer’s, Parkinson’s, Dementia and certain cases of Chronic Traumatic Encephalopathy (CTE) which may not be diagnosed until after a player dies.

3. Educational programs and various initiatives to make the game of football safer.

These claims for injuries and medical treatment resulting from concussions will be paid in full for up to 65 years.

Of note, the retired players or their legal representatives or their family members do not have to prove that the player’s injuries were caused by playing NFL football. They simply have to prove the conditions exist.

Separately, these players theoretically could have filed individual claims against their respective teams for Workers’ Compensation benefits. However, because the players were not made aware of the harm and the statute of limitations for a work injury would have run, the above settlement for a vast majority of them is their only alternative.

Today’s players are now more aware of the consequences of a concussion. They can also avail themselves of Workers’ Compensation benefits pursuant to their individual state Workers’ Compensation laws.

Of course, concussions are not limited to professional athletes. Many combat Veterans have suffered severe concussions. However, professional athletes are more likely to have multiple concussions. Of course, anyone in any occupation could suffer a concussion whether it be from an automobile accident while in the course of their employment or some other traumatic event.

Today’s worker, whether it be a Pittsburgh Steeler or a Pittsburgh steelworker has become far more educated as to the benefits to which they may avail themselves if they suffer such an unfortunate injury.

Football Players – NOT Seasonal Employees

Insurance Carrier Fraud

NFL Concussion Settlement

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