Dave Pear's Blog

EDITOR’S NOTE: Some of the retired players have been sending in some additional thoughts and comments on a wide range of topics. Many were important enough that we thought it would be better to put them all up in one post. We’ll start off with a comment from Larry Kaminski followed by an answer from one the law firms currently involved with litigation against the League and the NFLPA.

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Dave,
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If we are asked to sign paperwork to get the Legacy Benefit, it has been mentioned a disclaimer should be attached. Many of those out there need to include this so they are not eliminated from the many class action and other law issues being pursued on behalf of the former players. After this debacle with the Bowlen family, you can’t trust anyone.
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I thank my Lord that he gave the NFL a 60% increase in revenue. At this time of the year, those poor owners need it to cover their Christmas expenses!
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Happy New Year to all and as we learned the first day of practice: Quitters do not win so keep up the fight!
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Larry Kaminski
Denver Broncos
1966 – 1973
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And the suggested addendum from Hausfeld LLP and Zelle Hofmann Voebel & Mason:
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In response to the circulation of The Voice newsletter last week, we have received many emails with questions and concerns about whether or not retirees should sign the Legacy Benefit documents that many of you have received from the NFL. It is our suggestion that if you choose to sign and return these documents to the League, the following language (in bold and italics below) should accompany your signature in order to protect any legal claim that you may have regarding the Legacy Benefit:
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“By providing the personal information requested by the League with respect to the “Legacy Benefit” contained in the 2011 CBA, I am in no way waiving my right to challenge the level of that benefit or any other provisions of the 2011 CBA that affect my interests as a retired NFL player nor am I agreeing that the NFLPA had any authority to negotiate on my behalf the “Legacy Benefit” or any other provisions of the 2011 CBA that affect my interests as a retired NFL player.”
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If you have already signed and returned your documents to the League, we suggest you mail or fax this language as an “Addendum” to your signature page.
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We also heard an interesting story on team medicine in the old days from Gregg Bingham:
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During my career, I was given EXACTLY 490 Darvon by our team doctors. How do I even remember this? It was TWO for each game I played (and I started in all 245 games!).
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Sorta numbs concussions, don’t ya think? Maybe we could ask some of the other guys how their team doctors took care of concussions.
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Gregg Bingham
Houston Oilers
1973 – 1984
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And some comments from Dave:
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In my case, after I broke my neck while playing for the Raiders and kept playing at the request of Al Davis, 12 months later (next season) the Raiders sent me to Cedar Sinai Hospital in LA. The Raiders’ team doctor, Robert Rosenfeld, (Al Davis’ stooge doctor) watched as I received an epidermal nerve block in my neck. This shot is very dangerous and risky because if the doctor is unable to properly find the spinal canal in your neck, you can become paralyzed. The nurse’s hands were sweating as she tried to hold my shoulders still while I sat in a chair with my head bent forward while they injected my neck with their drugs.
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As soon as the needle was empty and pulled out of my neck, there was blood all over the needle and it was squirting all over the floor. At that moment, Rosenfeld actually said to me, “Al Davis wants to know if you’re going to play in the game tomorrow”? (It was only an exhibition game!).
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I remember looking at Rosenfeld in amazement and before I could speak, he pulled this package of Percodan out of his shirt pocket and about 100 pills fell all over the floor. Rosenfeld dropped to his knees immediately and – like a junkie – began scrambling on the hospital floor and under the tables and chairs to pick up all these painkillers which were obviously part of his private stash. Rosenfeld then gave me a handful (25 pills or so) and said, “Just take some of these for tomorrow’s game.”
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And speaking of the Legacy Fund, normally my disability payment gets deposited directly into my bank account on the first day of the month. I checked my bank account this past Friday and a strange deposit showed up in my account. It wasn’t quite as much as my normal monthly deposit nor was it what it would have been with the new Legacy Benefit added. I divided it by 4 and it appears to be what my retroactive amount would be from Sept. 1 when the increased benefit was supposed to have started. But there’s been no explanation so far from anyone. However, I was pleased to see another down payment (I think) on their long, overdue debt.
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4 Responses so far | Have Your Say!

1. Tiffany Brooks
   December 26th, 2011 at 7:05 pm #

   

   As I was dealing with the hustle and bustle of the holidays, I just happened to run across my e-mail alert from our bank. Yep, there was a deposit that showed with no reason. I did go online to check it out and yes, it was from the CBA increase to my husband’s benefits. A letter followed three days later explaining the deposit. Now maybe the Legacy Fund benefit that was to start in August will also follow shortly.

   So the increase is not from the Legacy benefit. This is merely the increase of benefits that you were already receiving. The legacy fund is completely separate. I was informed that the Legacy benefits should arrive and be applied some time in February. My husband also received an increase of $833 per month. Now once the legacy benefit starts, I’ll know it’s the retroactive from August 1 and the increase I believe should be from $104 – $124 per year played.

   My thoughts are: Thank you Jesus. But in my heart deep down inside, I have to ask: Is this enough? I pray everyone had a wonderful Christmas.

   Tiffany Brooks
   wife – Kevin Brooks
   Dallas Cowboys, Detroit Lions
   1985 – 1992

2. Jan Addison
   December 26th, 2011 at 8:41 pm #

   

   Hello out there!

   Still no one answers my questions! Did Tom forget to pay his 2010 dues?

   Is this why I have received nothing? Please, will someone let me know where to start? (And I have had no response from Mr. DeMaurice Smith’s office either.)

   Thanks.

   Jan Addison
   widow, Tom Addison
   Boston Patriots
   1960 – 1968

3. Bill Peterson
   December 27th, 2011 at 11:15 am #

   

   My best friend, Fred Heron (Cardinals 1967- 1974), died December 28, 2010. His wife has not received any notification or information regarding the new CBA. Will she not be entitled to an increased benefit based on the widow arrangement he had on his plan? To date, she has received no increase. Will she have to go through the same dog-and-pony show that we do? I suggested she call the Plan office but does anybody have any information on this?

   It seems to me the widows would have been the first to be taken care of. I also think it was a good suggestion to send along with our personal information a signed declaration stating that we are not waiving our right to challenge the manner in which this agreement came down.

   Bill Peterson
   Cincinnati Bengals, New England Patriots, Kansas City Chiefs
   1968 – 1976

4. Jackie Burkett
   December 27th, 2011 at 7:09 pm #

   

   Wouldn’t it be nice if someone who knows would simply send us a letter, e-mail or something explaining when we will get this “great” increase that the League and the NFLPA keep bragging about getting for us. That would seem to me a pretty simple task. All I get when I call the NFLPA office is no answer or I’m connected to someone who doesn’t know anything!

   I know it’s the Christmas season but why are we still waiting when this thing happened the first part of August?

   Jackie Burkett
   Baltimore Colts, New Orleans Saints, Dallas Cowboys
   1961 – 1970