Dave Pear's Blog

Reprinted in its entirety with permission from Evan Weiner:

Discarded NFL players are often forgotten in retirement

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Hi Dave -

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I have no idea how I first started getting e-mail updates from your blog but am glad I do as I enjoy reading your site.

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My name is John Welbourn. I’m a 9-year veteran of the NFL. I got drafted in 1999 to the Philadelphia Eagles and played there 5 years then went to the Kansas City Chiefs for 4 years. My final year in 2008, I was with New England in training camp. After reading your blog and the plight of so many desperate players that have been forgotten and left to rot by the NFL and our Union, I thought I would offer a story that happened to me. Not as great a hardship as many of you have profiled here on the blog but equally appalling.

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Hey Robert,

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I called Garden City Group and now they say they won’t be sending out the second Players Inc. GLA Settlement checks until the end of July!

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See - it’s starting again.

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Just a quick update on two recent cases which clearly show that the NFL disability Plan (the Bert Bell/Pete Rozelle NFL Retirement Plan) needs significant reform as they continue to abuse ERISA laws, due process and the retired players to whom they owe a fiduciary duty of care:

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1. Jimmie Giles. (Jimmie has been open about his battle with the Plan, and has given me permission to discuss his case publicly.) Jimmie was one of the players who, having previously been denied in his attempt to obtain disability, had taken his early NFL retirement but was finally allowed to reapply for disability under the 2008 “window” process. Jimmie had applied for Social Security disability, and was found to be disabled by SSA in Nov. 2004 – which was within the 15-year window to be eligible for the higher-paying football degenerative total and permanent disability benefits. As the Plan was amended to grant NFL disability to those who were granted disability by SSA (Social Security), Jimmie was granted inactive (lower-paying) disability. The Plan provides that they will accept SSA’s decision unless at least four of the six Retirement Board members feel that the SSA decision was obtained by fraud. Also, despite what they told Congress in 2007, the Retirement Board still retained the discretion to send a player found disabled by SSA to see one or more of their doctors if necessary to make an “adequate” decision. [Read: To try to find a reason to deny the claim!] Recently, Jimmie was sent to see an NFL neutral physician and – without ever sending the report to him or me for comments – the Board denied his case once again.

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As Jimmie was found disabled by SSA, and there was no indication of fraud; and since he was found to be disabled within 15 years of his last credited season, it seemed to me that the only possible issue which might be addressed by an NFL physician was whether the disability was football related. However, when I received the neutral physician report – after the denial – it was obvious that the Plan never explained the circumstances of the situation to the doctor but rather just sent their regular request for an examination and opinion. The doctor set forth Jimmie’s various impairments to his spine and knees and expressed the opinion that he was not totally disabled. First, that opinion is irrelevant under the Plan’s acceptance of a Social Security disability award. Second, the doctor never expressed what limitations or work he thought Jimmie might be capable of. (Ignoring the explicit questions of the Plan’s own assessment form.) But most importantly, he stated that Jimmie’s impairments were caused by NFL injuries! That being the case, he should have been granted football degenerative, not denied.

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Dave,

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You were kind enough recently to send me contact information for the NFLPA and NFL for a severance pay question. I contacted both through e-mail and sent the following question:

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I would like some information regarding severance pay that I may or may not be due from the Arizona Cardinals. If you can provide me with some insight before I contact the club that would be a great help.

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Jetsons meet the Flintstones

.I did receive credit for the 1990 season and all its benefits along with what was then called a split salary: If I remained injured, I would receive $190,000 but if I was active at any time that year, it was to become $400,000. I ended up receiving the $190,000 but now the NFL is saying I also got the $80,000.00 Severance Pay (and it should have been $90,000 according to NFL CBA Severance Pay Chart we have from Irv Cross). Isn’t that like Jetson’s Technology trying to use Flintstone’s Language?

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Does anyone have a more bizarre story than this?

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Larry Kaminski at Home

Hey gang -

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Today (Monday March 22, 2010) I went to the Amen Clinic in Newport Beach, CA for my scheduled brain scan through their research program to challenge the NFL fiction that concussions and football hits have no effect on former players. It was very interesting. Dr. Amen is a well-respected doctor/author and has several clinics throughout the country. This procedure was very expensive but at no cost to NFL players chosen for this study.

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John Houser - 3-point stance

Here are some pictures from my second visit to the Amen Clinic this past December. I wanted to let some of the other guys see the entire process is actually painless and simple.

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On a recent teleconference call with Dr. Amen’s colleague, Dr. Willeumier, I was told they’ve conducted brain scan research with almost 90 NFL Retirees and they are close to the number of subjects they need for this round of the study.

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This is a recent letter that Mark Koncar (Green Bay Packers, Houston Oilers 1976 – 1983) wrote to David Weir at the University of Michigan regarding their recent  study conducted for the NFL. Mark was actually one of the participants the University contacted. The study generated a lot of controversy and discussion about the long-term effects of playing professional football in general and energized the debate about concussions in particular. (We posted about the media coverage on the Michigan Study last October – click HERE to read that post.)

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David R. Weir

The University of Michigan

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Dear Retired/Former Players, Active Players, and Fans:

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Recently, over 2,000 of you retired players received checks from the litigation Bernie Parrish brought about for you against the NFL Players Association and Players Inc. In an unusual introduction to his ruling Judge William H. Alsup, the federal judge in the case, expressed his opinion in his order that the attorneys – led by Ron Katz – for the players did not do a good job. In spite of our attorney’s poor performance, the court approved the jury’s finding in our favor for $28.1 million. Subsequently, Katz approved a dubious settlement of $26.25 million to a select group who had signed GLAs over the past four years that the Players Inc. attorneys chose to produce. Others of you signed GLA’s but did not keep photocopies as proof while even more of you were never even given the opportunity to sign a GLA. The fact is the Judge indicated that there should have been a much higher award for the plaintiffs, the 2062 GLA signers produced by the NFLPA attorney’s Richard Berthelsen and Jeffery Kessler. Walt Roberts and Bernie are both disappointed with the award in Bernard Parrish et al v. National Football League Players, Inc. et al – Case No. 07-0943 WHA.

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As Judge Alsup indicated, the award should have been for millions of dollars more and we know there are at least 1000 of you who signed GLA’s, who are in Players Inc. records, who should have been included by the NFLPA attorneys in the lawsuit, under penalty of perjury.

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Gentlemen:

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My name is Marvin Cobb. I played at USC in the early 70’s, and I played 6 seasons in the league, mostly with the Cincinnati Bengals in the late 70’s where I also served as a Player Rep. I am now an Independent Advocate for increased pensions and better disability benefits for retired NFL players and as such, I am proud to have had the honor of co-producing the first Las Vegas Independent Retired Football Players Summit with Bob Grant last May. We featured two of the nation’s foremost experts on brain injury from football and hopefully showed the NFLPA how to put on a proper agenda that addresses the real issues that are important to retired players and will be important to you one day very soon.

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I am reaching out to you men playing the game today, to attempt something that may not work. It didn’t work on me either when I was playing. I was much too busy being “indestructible” and planning my long “15-year career.” Like you, I couldn’t admit that as a DB, my retirement from football would probably not be planned. And like you, I used my once-good credit to finance a lifestyle that cost twice as much as the Bengals paid me. I didn’t find out until an MRI 20 years later that what the Bengals team doc called a “stinger” was really a fractured vertebra (and I still tried to play another year). Nevertheless, recalling that old saying about leading horses to water, I know I can’t make you drink, but maybe I can help make you a little thirsty.

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Dear Congresswoman Sanchez:

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I applaud you for your support in our effort to find justice and benefits for critically injured retired NFL players.

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I grew up in Stockton, CA and played for Bob Mattos at Stagg High in 1974 and 1975 before attending the University of Colorado on a football scholarship where I majored in Fisheries Biology. The NY Jets drafted me in the 6th round of the 1980 draft in April (I had not completed my degree yet, as 90% of the players drafted probably haven’t), and the Defensive line coach convinced me at minicamp the next day that if I used steroids to put on 20 – 25 lbs of muscle before camp (July), there was a spot for me on the team. Keep in mind, I started 3 years at Colorado and weighed 259 pounds at the time which was average for a defensive lineman. I was also bench pressing 430 which was as good as any of the rookies and free agents they had signed.

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On November 23, 2009, in San Francisco, California, Federal District Court Judge William Alsup rendered a blistering set of three orders approving the settlement agreement in Parrish & Adderley vs. NFLPA Players Inc. However, in rendering the orders, Judge Alsup said of the award of attorneys’ fees, “When combined with the expense reimbursement below, counsel is receiving approximately 25 percent of the value of the settlement. This figure adequately compensates counsel for the work performed in this action. A reasonable fee in light of the ultimate recovery obtained for the class, and is reasonable in light of the missed opportunity for an even higher recovery.”

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Judge Alsup criticized Manatt and McKool, both of which are now touting themselves as “sports attorneys,” for (1) Counsel’s “failure to lay the proper foundation for critical evidence”; and (2) “Counsel’s failure to present a plausible damages theory on plaintiff’s claim for breach of fiduciary duty.”

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In approving the class action, Judge Alsup received fifty-three letters from class members and non-class members. Only two of the letters praised the settlement reached by Manatt and McKool. The judge states that of the remaining letters, most did not make cogent arguments to the fairness of the settlement and “over half of these letters were ‘form letters’ drafted by a non-class member. Moreover, a majority of the objections were signed by non-class members, whose rights are unaffected by this action.”

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George Visger

Fellow independent retired 49′er, George Visger, recently sent a letter to NFL Commissioner Roger Goodell and NFLPA Executive Director DeMaurice Smith. He was kind enough to share his letter with all of us. George has managed to continue his ongoing battle with the NFL and the NFLPA for recognition and fair treatment of all retired football players despite his personal struggles from football-related brain damage and the subsequent brain surgeries he’s had to endure over the past 20+ years. George’s case is another perfect example of how the NFL stacks the deck against the players when it comes to disability and pensions after football. They know the average career is 3 years or less so they set the standard for qualification at 4+ years. Even at WalMart, an employee qualifies for FULL benefits after a 90-day probationary period. And you can be damn sure if you hurt yourself on the job on your second day of work, you’d be qualified for Workers Compensation benefits with little objection. Only in one of the most lucrative and physical professional sports do they set the standard so impossibly high for its employees. When will we actually see our Union step up for its retired players?

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You can follow some of the recent media coverage on George Visger’s story - click the links below:

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Bob:

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I want to thank you for your leadership on a number of issues and your vision for helping retired players. We may not always agree on every issue, but I value your opinions and welcome your assistance and appreciate all you have done.

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