NFL players retain right to file for benefits in states where away-games are played
GOP Assemblyman up in arms over California labor statute
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Hagman wants to change statute that makes ‘Golden State a magnet’ for injured NFL players
A July 5 piece at InsuranceJournal.com discusses a GOP state legislative leader who wants to change California law such that NFL players injured in away games played there can no longer file for workers’ comp benefits:
A leading Republican in the California State Legislature said he will push for an overhaul of a state labor law that makes the Golden State a magnet for workers’ compensation claims by injured former professional football players.
Curt Hagman [R, 60th district], the ranking Republican member on the Assembly Committee on Insurance, said it is “outrageous” that the state’s workers’ compensation framework allows retired professional athletes with no significant nexus to California to file claims for long-term injuries in the state.
[A] California statute uniquely affords protections to employees on assignment temporarily in the state. Analysts say hundreds of out-of-state claims are pending. The issue attracted attention in June when a unit of Travelers Insurance sued the Denver Broncos of the National Football League (NFL) over workers’ compensation claims filed in California by former Denver players.
Ongoing dispute was first known as the ‘Bengals situation’
Actually, the issue attracted notice before that–when we started covering it, the issue was known in NFL circles as “the Bengals situation.” We most recently mentioned the issue in March, in connection to another facet of NFL workers’ comp coverage. We’ve also wondered aloud in these pages whether this might be a major issue in the negotiations between the league and players. Now the negotiations have concluded, ending the lockout, we see that workers’ comp was indeed an issue.
League was “desperate’ to change clause in collective bargaining
A July 26 piece at BusinessInsurance.com describes the NFL as “desperate” to close what it regarded as a loophole–and it’s not restricted to California:
The National Football League’s new collective bargaining agreement will allow players to file workers compensation claims in states where their teams are not based, a loophole the league had tried desperately to close during negotiations.
The NFL and the National Football League Players Assn. signed off on the new CBA on Monday with both sides agreeing on terms that will allow the season to start Aug. 4. Workers compensation was among the sticking points the two sides had yet to agree on as negotiations wound down over the past several days.
On July 23, an email by player representative and New Orleans Saints quarterback Drew Brees outlined three primary issues the players association still was grappling with, including workers compensation.
“The NFL is trying to impose a system where they can restrict which states we can file for workers comp,” Mr. Brees wrote in his email, which was published by the NBC Sports blog, Pro Football Talk. Mr. Brees added that workers comp is a “major benefit when it comes to long-term health care,” and that “(the players) will never let (the league) restrict our health and safety long term.”
Mostly at issue is California’s labor law, which has been the reason that several former pro football players file workers comp claims in the state despite not having played for any teams based there.
Under the state’s current law, it allows players to make a claim in California if the player has played at least one game within the state.
Despite new CBA agreement, states might change their rules
However, just because the new agreement retains the player-friendly clause, that doesn’t mean states won’t change their laws. And the BI piece says that California lawmakers are “aggressively” trying to change its laws.
The section in question is apparently 3600.5(b) of the California Labor Code concerning “extraterritorial coverage,” which states that in order for employers to be exempt from California labor law, employees working temporarily in California must be covered by workers’ comp from the home state that applies to work performed out of state; further, California must be furnished with a “certificate from the duly authorized officer of the appeals board or similar department of another state certifying that the employer of such other state is insured therein and has provided extraterritorial coverage.”
Assemblyman calls for investigation
Quoted in the IJ account, Assemblyman Hagman called the current law “ridiculous”: “Retired professional athletes who never played for California-based teams should not be afforded remedy for claims of cumulative trauma under California’s injured workers’ statutes, Hagman said in an interview with the Insurance Journal. ‘It’s ridiculous and there definitely needs to be an investigation,’ said Hagman, R-Chino Hills, a member of the Assembly Republican leadership.”
Analyst argues for Congressional intervention in crafting consistent, league-wide policy
Frank Neuhauser, described as a “University of California-based social insurance analyst” and workers’ comp expert, raises a pertinent question about distinguishing between cumulative injuries, aggregated over a player’s career, and a discrete, one-time injury that can be pinpointed to a specific game.
He also makes a valid point that NFL players should get Congressional help in creating a workers’ comp policy that fairly applies to all players, no matter where the game is played. “To help quell jurisdictional issues and mitigate legal variances among the states, Neuhauser said the NFL should administer a league-wide workers’ compensation program that’s built into players’ health care plans. Such a system, he explained, would likely require national legislation since a program would extend across state lines.
“ ‘This is something the league and Congress should work on,’ Neuhauser told the Insurance Journal.”
Whatever happens, it won’t affect players in this short-workout season–the California Assembly won’t reconvene until 2012.
We can help you find an attorney
Frequently enough, a worker’s compensation case may be so complex as to demand legal representation. However, sometimes what seems like a cut-and-dried situation to an injured worker may result in a smaller award than envisioned–or even a denial. Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:
