Estate Planning

Dementia and the N.F.L.

By Hull and Hull LLP

As an avid sports fan, I enjoy watching the physical nature of most sports. Recently, our media has reported on the severity of head injuries, which are caused by 'head shots', and the need to implement rules in professional sports to prevent catastrophic head injuries from happening.

Alan Schwarz, an author for the New York Times, recently wrote an article about a loophole in the California workers compensation system that allows retired professional athletes to file a claim for injuries sustained decades before, particularly retired N.F.L. players.  

Schwarz states, 'Most states require workers' compensation claims to be filed within one to five years of the injury; California's statute of limitations does not begin until the employer formally advises the injured worker of his or her right to workers' compensation.' Also, California's workers compensation statutes 'require a professional athlete to have played only one game of his or her career within state borders to file a full claim for cumulative injuries.' The logical policy reason behind this legislation is to protect outside workers who temporarily pass through the state, like truckers or flight attendants.

As you can imagine, this loophole has opened the flood gates for retired athletes to file their workers compensation claim. In fact Schwarz states that '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.'

What makes Schwarz's article interesting is the claim filed by Ralph Wenzel. Wenzel has filed a claim arguing that his dementia at 67 years of age is related to his career as an N.F.L. lineman between the years of 1966 to 1973. The theory of Wenzel's case is that 'hitting your head over and over on the football field causes certain conditions.' In fact, researchers at 'at the University of North Carolina have recently linked pro football careers and concussions with heightened rates of depression, mental decline and Alzheimer's disease.' 

As we continue to see a rise in those who are diagnosed with dementia and Alzheimer's, I think it will be interesting to see how the sporting industry reacts to this disease, particularly, the rules each professional league implements to eliminate 'head shots.'

Thank you for reading.

Rick Bickhram

Full post as published by Toronto Estate Law Blog on April 13, 2010 (boomark / email).