MarketNeutral
6th April 2010, 11:35 AM
http://www.nytimes.com/2010/04/06/sports/football/06worker.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+nyt/rss/Sports+(NYT+%3E+Sports)
The five paper-clipped sheets that were slipped into a wire basket at the Van Nuys State Office Building looked no different from the other workers’ compensation claims filed by welders and cashiers. But this packet was different: it will almost certainly become a test case in considering National Football League teams’ liability for the dementia experienced by retired players.
The claim was filed by Dr. Eleanor Perfetto on behalf of her husband, Ralph Wenzel, contending that his dementia at 67 is related to his career as an N.F.L. lineman from 1966 to 1973.
California’s workers’ compensation system provides a unique, and relatively unknown, haven for retired professional athletes among the 50 states, allowing hundreds of long-retired veterans each year to file claims for injuries sustained decades before. Players need not have played for California teams or be residents of the state; they had to participate in just one game in the state to be eligible to receive lifetime medical care for their injuries from the teams and their insurance carriers.
About 700 former N.F.L. players are pursuing cases in California, according to state records, with most of them in line to receive routine lump-sum settlements of about $100,000 to $200,000. This virtual assembly line has until now focused on orthopedic injuries, with torn shoulders and ravaged knees obvious casualties of the players’ former workplace.
But Dr. Perfetto’s contention that Mr. Wenzel’s dementia relates to his football employment represents a significant shift, several lawyers involved in the California system said. They estimated the case’s potential value at more than $1 million if it reaches its conclusion, probably in two or three years.
Given the dozens and perhaps hundreds of players who could file similar claims, experts in the California system said N.F.L. teams and their insurers could be facing liability of $100 million or more. They identified a wide spectrum of possible effects: these costs could merely represent a financial nuisance for a league that recorded $8.5 billion in revenue last year, or, if insurance costs rise drastically because of such claims, the N.F.L. could be forced to alter its rules to reduce head trauma. Officials already are considering decreased contact in practice and forbidding linemen from using the three-point stance.
The more routine orthopedic claims filed by retired players have helped persuade a newly formed version of the Arena Football League to stay out of the state, the league’s commissioner, Jerry Kurz, said. Dr. Perfetto’s lawyer, Ronald G. Feenberg of Los Angeles, likened football head trauma to asbestos exposure: a workplace danger whose effects can take 20 to 40 years to manifest.
“Medical science has recently put those puzzle pieces together — that hitting your head over and over on the football field causes certain conditions,†Mr. Feenberg said. “All of these hits could have injured Ralph Wenzel’s spine. But they didn’t. They injured his brain.â€
The five paper-clipped sheets that were slipped into a wire basket at the Van Nuys State Office Building looked no different from the other workers’ compensation claims filed by welders and cashiers. But this packet was different: it will almost certainly become a test case in considering National Football League teams’ liability for the dementia experienced by retired players.
The claim was filed by Dr. Eleanor Perfetto on behalf of her husband, Ralph Wenzel, contending that his dementia at 67 is related to his career as an N.F.L. lineman from 1966 to 1973.
California’s workers’ compensation system provides a unique, and relatively unknown, haven for retired professional athletes among the 50 states, allowing hundreds of long-retired veterans each year to file claims for injuries sustained decades before. Players need not have played for California teams or be residents of the state; they had to participate in just one game in the state to be eligible to receive lifetime medical care for their injuries from the teams and their insurance carriers.
About 700 former N.F.L. players are pursuing cases in California, according to state records, with most of them in line to receive routine lump-sum settlements of about $100,000 to $200,000. This virtual assembly line has until now focused on orthopedic injuries, with torn shoulders and ravaged knees obvious casualties of the players’ former workplace.
But Dr. Perfetto’s contention that Mr. Wenzel’s dementia relates to his football employment represents a significant shift, several lawyers involved in the California system said. They estimated the case’s potential value at more than $1 million if it reaches its conclusion, probably in two or three years.
Given the dozens and perhaps hundreds of players who could file similar claims, experts in the California system said N.F.L. teams and their insurers could be facing liability of $100 million or more. They identified a wide spectrum of possible effects: these costs could merely represent a financial nuisance for a league that recorded $8.5 billion in revenue last year, or, if insurance costs rise drastically because of such claims, the N.F.L. could be forced to alter its rules to reduce head trauma. Officials already are considering decreased contact in practice and forbidding linemen from using the three-point stance.
The more routine orthopedic claims filed by retired players have helped persuade a newly formed version of the Arena Football League to stay out of the state, the league’s commissioner, Jerry Kurz, said. Dr. Perfetto’s lawyer, Ronald G. Feenberg of Los Angeles, likened football head trauma to asbestos exposure: a workplace danger whose effects can take 20 to 40 years to manifest.
“Medical science has recently put those puzzle pieces together — that hitting your head over and over on the football field causes certain conditions,†Mr. Feenberg said. “All of these hits could have injured Ralph Wenzel’s spine. But they didn’t. They injured his brain.â€