Dave Pear's Blog

Posted with the express consent of Evan Weiner:

THE BUSINESS AND POLITICS OF SPORTS
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Wednesday, 2 May 2011
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BY EVAN WEINER
NEWJERSEYNEWSROOM.COM
COMMENTARY
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I didn’t know Junior Seau although I met him on the day he was drafted into the National Football League in 1990 and probably interviewed him after a football game a few times more. From all accounts, he was a fearsome presence on the football field; a killer who at times could control a game defensively.
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But Junior Seau didn’t live to be a ripe old age and until an autopsy is performed and a police investigation is complete, there is no need to speculate about the circumstances surrounding Seau’s death other than he was found dead of a shotgun wound on the morning of May 2, 2012 about 22 years after the San Diego Chargers football team called his name at the annual National Football League event.
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The gun wound should strike a nerve among former players. It seems that is becoming a way of life and death among NFL alum suffering from life altering injuries that probably came from years and years of absorbing hits on the football field. People do hear about former NFL players but there seems to be no tracking of high school and college players who years after their football careers ended killed themselves.
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With so many areas to cover this year at our Second Annual Independent Football Veterans Conference, we’ve adopted a broadcast format and assembled discussion panels with audience participation instead of individual speakers for the most part. Each panel will be broadcast as a separate topic covering the most important issues and questions retired players want to know.
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Each panelist will be given an opportunity to talk approximately 5 – 10 minutes about their particular areas of expertise and interest after which 30 – 45 minutes will then be devoted to general discussions and questions from our studio audience and our online viewers. For a list of our panelists and speakers, click HERE. We’ll be posting our Panelists’ Bios shortly.
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All retired players welcome to participate in this live event but be sure to register for your entry pass today - click HERE – and book you flight and room(s) at the South Point as soon as possible! The Conference is open to all retired football players by simply registering to attend. Media and other guests are limited and by invitation only – click HERE to contact us.
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Each panelist will be given an opportunity to talk for approximately 5 – 10 minutes about their particular areas of expertise and interest, after which 30 – 45 minutes will then be devoted to general discussions and questions from our studio audience and our online viewers. For a list of our panelists and speakers, click HERE. We’ll be posting our Panelists’ Bios shortly.
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2012 IFV Conference Schedule

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March 4, 2012
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De,
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On January 6, 2012, I met with Congresswoman Linda Sanchez at her southern California office with Mr. Mike Greenhaulgh, part owner/operator of the Sacramento Hyperbaric Oxygen Treatment center where I have been receiving treatments for the last two years, and Dr. William Duncan, President of the Hyperbaric Medical Association and Capital lobbyist. My 49ers teammate, Dan Bunz, and I also met with Senator Ted Gaines on December 27 and February 22, 2012. All the meetings were to address the legality of the NFL’s lack of benefits for its injured employees. Both Congresswoman Sanchez and Senator Gaines are looking into additional Congressional hearings on this matter.
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We are trying to gather solid information to ascertain the status of former employees/players of the NFL. For many years, we have been inundated with mixed information regarding the percentage of former employees/players who actually qualify for NFL retirement benefits, the percentage of former employee/players forced to draw SSI and life expectancy of former employee/players. With you being the President of the NFL Players Association, in charge of securing and overseeing the player’s/employee’s benefits, I am requesting data on the following:

1. What is the average life expectancy of a former NFL employee/player? Many years ago a letter was issued from the NFL encouraging players to take their retirement benefits early as most would not live to retirement age. This was followed up with a recent survey letters asking if we were still alive. I had been told for years that the average life expectancy of a former NFL employee/player was his late 50’s.
2. What percentage of all pre-93 employees/players who played in the NFL actually played long enough to reach the 4-year vesting threshold? From what I am reading now, the average NFL career is only 3.2 years. The numbers I was given when I played in 1980 and 1981 was 2-½ years. Surely the NFLPA maintains a roster of all players who were on active rosters at one time or another.
3. What percentage of employee/players have successfully been approved for SSI? After my 3rd evaluation at Dr. Amen’s clinic January, 2012, I was given a referral to file for SSI as Dr. Amen had me rated at 100% disabled due to frontal lobe dementia and damage to my temporal lobes of my brain.
4. If a player qualifies for SSI disability, how can he be denied NFL disability? How can the NFL’s disability requirements be higher than those of the general public?
5. What percentage of employee/players have successfully been approved for Medicare?
6. How many of Tom Condon’s clients were approved for NFL benefits as opposed to the general number of players who were approved (or declined)?
7. When did NFL employee/players begin filing for Workers Compensation?
8. What percentage of NFL employee/players have been approved for Workers Compensation?

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EDITOR’S NOTE: Dave will be heading in to the hospital tomorrow morning (Tuesday) for his scheduled total right hip replacement. We’ll keep you posted on his progress. In the meantime, we’ve been following the growing number of new concussion and helmet lawsuits over the past couple of months from all across the country. It’s been hard keeping up with all the details and lawyers and players behind each suit. Last week, many of them were consolidated in a Federal Court in Pennsylvania under Judge Anita Brody. Dave asked one of his attorneys, Jason Luckasevic, from the firm Goldberg Persky & White, to provide an overview and summary of what has happened so far.
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Over the past couple of weeks, absolutely nothing of any serious significance or substance out of the NFLPA regarding retired players pensions especially that new Legacy Fund, other than a lot of the same chest-thumping and empty rhetoric that everyone has been hearing since the lockout ended late this summer. It would certainly seem like the lawyers have taken over once again and put out that Say Nothing Memo.
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There was a meeting of the Seattle Chapter (probably much like other chapter meetings across the country) where the usual 8 members – out of approximately 48 NFLPA members listed in the Seattle area – showed up and voted on a few things that we’re sure will make a huge difference to all retirees: The meeting introduced some Business Opportunities (Hair Products!), the Touchdowns for Homes Programs, as well as some discussion on the School of Legends program. We also finally have some backhanded acknowledgment from the NFLPA HQ about loss of hearing from football (a shiny new discount hearing aid program!).
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In case some of you missed it last year, there was a lawsuit filed on behalf of all retired football players to recover royalties from the NFL and NFL Films for re-packaging and distributing footage of games from years past. The suit was initiated by attorney and former player Bob Stein (1969 – 1975 Kansas City Chiefs, LA Rams, Minnesota Vikings and San Diego Chargers) and filed in August 2009 and it was originally led by plaintiffs Fred Dryer, Jim Marshall, Elvin Bethea, Joe Senser, Dan Pastorini and Ed White.
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Since then, the case has gone through some changes that we’ve learned about through the many public filings available in the court system. We’ve noticed that Zimmerman & Reed is no longer representing this class (all of the plantiffs have apparently fired them) and we have also learned that Hausfeld LLP and Zelle Hoffman (both firms from the ongoing Eller Class action) have now added their weight and resources to keep moving this lawsuit forward with Bob Stein.
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Thanks again to the good folks at Gridiron Greats for providing a new air conditioning system for Glendora and Gordon Wright who were facing another incredibly hot Summer and Fall in Orlando Florida!
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Left to Right: Danny, Kaleel, Darryl, Kaleb, Grandpa,Deleon, Kareem, Amaya, Luis & Khari!
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We are also in the process of taking all the donations that have come in to our nonprofit, Independent Football Veterans, on behalf of the Wrights and expect to pass along your generosity to the Wrights later this week! But this is just one more reminder of why retired football players need to stick together and fight for a voice to gain control and access to your earned disability and pension benefits. As a pre-’93 player, Gordon doesn’t qualify for any disability or pension benefits since he didn’t play for four seasons. With early onset dementia, Gordon also doesn’t qualify for the NFL’s 88 Plan either.
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If you haven’t already added your name to the growing list of teammates who are demanding a voice of your own, please do it now! And be sure to remind every retired player you know. Thanks!
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A quick update from Shannon Jordan on Gordon and Dora Wright in Florida:
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Thank you to Joe Muley, Keith Ledford and Greg Deardorff at Carrier Enterprises for donating the HVAC unit. Thank you to George at Frank Gay Plumbing for installing and thank you to Kevin Worthy on our Gridiron Greats team for getting us in contact with Carrier. We were able to get this new unit for Gordon and Dora in less than a week after waiting for a full year! Attached is a video from Dora Wright getting her unit installed right now.

God Bless you all!
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Shannon Jordan
President
Gridiron Greats Assistance Fund
(847) 509-3086 office
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Dora used her cell phone to show their old air conditioner being removed and the new one being installed by the good folks at Frank Gay Plumbing from Orlando. We wish it was this easy to change things out at the NFL and the NFLPA!
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Once again, retired players got all excited a couple of months ago when we received a new offer for long-term care insurance from the League through the New NFL Alumni – no strings attached!
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So I spent well over an hour filling out all of their paperwork in great detail, including my medical history, medications, surgeries and everything else they could think to ask for in their questionnaire/application.
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And here’s the reminder card I got from TransAmerica with the expiration date highlighted (click on the image to enlarge):
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After over a month-and-a-half of waiting, this is what I got back in the mail (we’ve posted a copy of the correspondence to Scribd for viewing and to make it downloadable. You can also click the Fullscreen button in the left corner to enlarge it for easier navigation (hit the ESC key to close):
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Dave Pear TransAmerica NFL LTC Rejection Letter
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We started getting calls and e-mails from a lot of other players who had also been rejected. Steve Baack – who lives and works down in Oregon now – sent this in:
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“I just thought it completely laughable what I just went through to get the League’s LTC insurance for myself. I actually completely bought the line that the League was finally going to do something on our behalf by paying for a LTC benefit for us. I figured it would be some limited benefit but at least it was something…
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“Well, after jumping through all the hoops to submit the application I just received a notice in the mail from Transamerica that my application had been rejected due to my medical history. I’m wondering if anyone else had this occur, I’m assuming it’s a likely probability. And to think I could have spent the 45 minutes answering questions about my health doing something productive instead.”
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Steve Baack
Detroit Lions
1984-1989
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Steve Baack TransAmerica NFL LTC Rejection Letter
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We’ve heard from a lot of other guys who have identical rejection slips and, of course, the offer is now expired. We’ve also heard from some disability experts with suggestions:
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“In the law, we might call this an “illusory” benefit – i.e., an illusion that there is an actual benefit there. And I think that has been the game plan for years – create a program here, and a program there, and it looks like we are really doing something for retired players! However, the reality is that without a livable pension – accessible and meaningful health care – and a disability system that meets the needs of those engaged in a collision business for the amusement of the masses and the profit of billionaires, programs like this fall well short of meeting the sustenance needs of retired NFL players.
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“When you get your written denial, please share with us. We might then want to also share it with the Insurance Commissioner for the State of Washington.
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“I know that TransAmerica did NOT have permission to issue such policies in some of the states as of a couple of months ago. It may be because some states think that such policies are a scam!”
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And some remarks from a few other retirees who have also gotten denied:
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“I agree with your assessment of the Long Term Care Insurance offering and its application process. I was suspicious of the offering because of its timing, coming as it did just as the new CBA was being negotiated. To me it felt like a potential PR gimmick from management saying ‘Yes we care about our retired guys and as proof, we are offering this program to them.’
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“Out of curiosity, I arranged for an interview. Because of the nature of our group, I was told, pre-existing conditions were fair game. And then came the withering questions and the actual cognitive tests aimed at ascertaining the slightest mental difficulties. Afterwards, I felt that they were attempting to identify those players least likely to require LTC, if any existed, and then offer the program to them. At the same time, I wondered if the League wouldn’t end up with the data yielded by these tests. What better way to get a handle on the collective underlying condition of retired players and thereby devise new ways of skirting the real costs of playing this game.”
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Pat Toomay
Dallas Cowboys, Buffalo Bills, Tampa Bay Buccaneers, Oakland Raiders
1970 – 1979
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Dave:
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“Thanks for your input. Programs like this are an insult to our intelligence. Do retired NFL Players – who are the foundation of this business – get so little respect that we are expected to accept “phantom” disability plans?”
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As of right now, it appears that this program will likely be withdrawn (if it hasn’t been already) for lack of participation or qualifying applications – several insurance experts have told us that in order to launch, programs like these need to have at least 75% participation of the group. We doubt that 75% of the qualifying retirees applied let alone qualified.
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And for those of us with shorter attention spans, the highlights are now up on YouTube from our June 20th 2011 Retired Football Players Press Conference. We’ve uploaded it to YouTube in HD – you can enlarge it to full screen for easier viewing using the enlarge button in the lower right corner of the video window.
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And once again, thanks to Jennifer Thibeaux and her crew. We’re working on shorter individual clips to also be posted daily on YouTube over the following weeks to keep this issue front and center with the fans and general public. Retired Players are NOT going away!
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And for those of us with shorter attention spans, the highlights are now up on YouTube from our June 20th 2011 Retired Football Players Press Conference. We’ve uploaded it to YouTube in HD – you can enlarge it to full screen for easier viewing using the enlarge button in the lower right corner of the video window.
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And once again, thanks to Jennifer Thibeaux and her crew. We’re working on shorter individual clips to also be posted daily on YouTube over the following weeks to keep this issue front and center with the fans and general public. Retired Players are NOT going away!
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And a little something extra: Hall-of-Famer Gale Sayers is mad too!
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HOW YOU CAN HELP: Click on the Like button on YouTube, as well as passing these videos along to all of your friends. You can also post our video links to your Facebook page if you have a Facebook account and Tweet it to Twitter (you can use those buttons at the bottom of each of our posts). And please be sure to click on the Sign Our Petition link at the top of the sidebar on the right to let everyone know you support these guys!
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Thanks to Jennifer Thibeaux and her crew, we now have the full video of our June 20th 2011 Retired Football Players Press Conference held at the Washington Press Club. We’ve uploaded it to Veoh in HD – you can enlarge it to full screen for easier viewing using the enlarge button in the lower right corner of the video window. You can turn the volume up using the sliding volume bar next to that Full Screen button
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Be sure to click on the Sign Our Petition link at the top of the sidebar on the right to let everyone know you support these guys!
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Our good friend and videographer Jennifer Thibeaux finally made it back to Dallas after a 28-hour drive from our press conference in Washington DC on Monday. Here’s her recap on the retired players’ lawsuit and battle to get access to their earned benefits and pensions:
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Dr. William A. Duncan serves as President of Capitol Strategy Consultants, Inc., where he represents clients on healthcare, biomedical research, veterans, Department of Defense, and criminal justice and public health arenas. His clients benefit from his extensive background in the congressional appropriations process and heath care regulations.
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In the medical realm, Dr. Duncan supervised numerous legislative priorities including National Institutes of Health reforms for setting research priorities, expansion on biomedical research infrastructure, AHRQ and evidence-based medicine initiatives, NIH and CDC initiatives in environmental medicine, amputee services, and addressing chronic disease including diabetes and public health. He dealt with Centers for Medicare & Medicaid services problems, including getting CMS to approve a new indication for hyperbaric oxygen to reduce diabetic foot amputations, reducing the regulatory burden on health care, prescription drug, and FDA issues.
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(Our videos are hosted on Veoh in HD and you can watch them full screen by clicking on the Expand button in the lower right corner of the video window.) To follow the entire slideshow, we suggest starting the video and then opening the slideshow full screen so you can hear the accompanying narration.
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IFV – Bill Duncan from Jennifer Thibeaux on Vimeo.
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And here’s his Powerpoint presentation on SlideShare:
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Dr. Barry Sears is a leading authority on the dietary control of hormonal response. A former research scientist at the Boston University School of Medicine and the Massachusetts Institute of Technology, Dr. Sears has dedicated his research efforts over the past 30 years to the study of lipids. He holds 13 U.S. Patents in the areas of intravenous drug delivery systems and hormonal regulation for the treatment of cardiovascular disease.
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Dr. Sears continues his ongoing research as the President of the non-profit Inflammation Research Foundation in Marblehead, MA. In addition to continuing research on the hormonal effects of food, Dr. Sears has expanded his research in developing innovative dietary approaches to treating cancer and neurological conditions, as well as his on-going work in treating neurological disorder, cardiovascular disease and type 2 diabetes.
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In his presentation to the Independent Football Veterans, Dr. Sears talks about his ongoing research and studies on inflammation and its correlation with concussions. His Zone Labs most recent focus has been helping athletes diagnose these levels of inflammation and treat them with positive results through individually-tailored combination of diet and supplements.
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(Our videos are hosted on Veoh in HD and you can watch them full screen by clicking on the Expand button in the lower right corner of the video window.) To follow the entire slideshow, we suggest starting the video and then opening the slideshow full screen so you can hear the accompanying narration.
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And here’s his Powerpoint presentation on SlideShare:
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