Dave Pear's Blog

The peasants are now at the gate

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In any revolution, it’s always interesting to hear comments coming in from both sides of the fence. In the case of NFLPA and the retired player community at large, the battle lines could almost be drawn as a battle between the Haves vs. the Have-Nots. The royalty are holed up in their ivory tower enjoying the privileges that any inside clique always seem to enjoy, oblivious to the starving peasants outside the palace walls. Even with the growing voices of thousands of their fellow retired players getting louder by the day, there are still those in denial.
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EDITOR’S NOTE: Dave has still been included in this ongoing local (Seattle) e-mail chain from yesterday as he’s still a dues-paying member of the NFLPA. We’re posting these four latest e-mail exchanges here in unedited format for viewing and we’re also posting a separate rebuttal in a second post (click HERE).
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From: Harrison, Nolan [mailto:Nolan.HarrisonIII@nflplayers.com]
Sent: Thursday, August 11, 2011 1:35 PM
Subject: RE: Former Player’s Benefit Increase?
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There will be an official benefits statement coming from both parties. A couple of things that were accidentally left out of the CBA summary (sorry, everyone is rushing to meet the memberships demand for information) was the improvements to Plan 88 more on workers comp and long term care.
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Over the weekend, the retired players and the attorneys involved with the Eller et al vs. NFL et al class action lawsuit released a letter addressed to all retirees to outline a call for unity as well as to provide an update on the facts and actions to date.
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Dear fellow retired players,
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We have been asked by many of our fellow retired National Football League (“NFL”) players to provide more information about what the Eller v. NFL lawsuit is meant to accomplish and how the lawsuit will help benefit all retired NFL players. What follows is our attempt to do so.
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On March 28, 2011 the national law firms of Zelle Hofmann Voelbel & Mason LLP and Hausfeld, LLP, filed a class action on behalf of all retired NFL players against the NFL in federal court in the District of Minnesota to bring about wholesale improvements of the NFL player retirement system.
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This lawsuit came after the CBA negotiations between the NFL and NFLPA broke down, the Union decertified and the League subsequently locked the players out. The complaint seeks to do for retired players what the Reggie White class action lawsuit did for current players in the early 1990’s: create an organization and system whereby retired NFL players are able to advocate on their own behalf and therefore vastly improve the current landscape of the NFL retirement system. This class action – known as Eller et al., v. NFL – was consolidated with the class action on behalf of current players called Brady, et al vs. NFL. (Consolidated simply means that the cases are heard together and the NFL is better positioned to try and resolve both cases simultaneously – although the retired players are asking for and addressing different issues than the current players.)
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Recently, the largest collective group of representatives of various organizations for retired players or who have mass online audience met in Minneapolis. The group included representatives and/or members from the NFLPA, NFL Alumni, the Retired Players Association, Fourth & Goal, Gridiron Greats, Dignity after Football and DavePear.com/Independent Football Veterans. Most of the participants agreed to present the League with united proposals for changes in key areas affecting the well-being of retired players:

• (a)    pensions;
• (b)   disability benefits;
• (c)    medical benefits;
• (d)   medical monitoring; and
• (e)    vesting calculations.

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On April 4th, representatives of the National Football League acknowledged the need to provide “important improvements in retired player benefits.” They stated it was the “fair” and “right” thing to do in “respect” and “recognition” of their contributions to the game. The League said the retirees “voice” needs to be heard.
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On May 25th, the largest collective group of representatives of retired NFL Players ever assembled met a second time to reach a consensus on a series of united proposals for these needed improvements.
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The League has said that everyone needs to “focus on negotiations” because “there is a deal to be made.” We agree. The retirees therefore unanimously agreed to submit to the League a detailed framework for changes in retiree pensions, medical coverage and benefits, and disability programs. The framework will also include a component of medical monitoring for retirees that is designed to detect or prevent illness or disease at its earliest stages and provide for timely treatment.
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The retirees invite the League to be available for meetings beginning as early as Tuesday, May 31, to discuss this framework, exchange ideas and comments, and be best prepared to reach resolution when mediation formally resumes on June 7th and 8th in Minneapolis.
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As expressed in the April 4th letter from the League to the retirees, the League wished to hear the “voice” of the retirees. We are speaking. It’s now time for the League to listen.
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Any questions concerning this press release should be directed to Michael Hausfeld at Hausfeld LLP (202) 540-7200 or Daniel Mason, Mark Feinberg, or Shawn D. Stuckey at Zelle Hofmann Voelbel & Mason (612) 336-9100.
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Retired NFL Players’ Representatives’ Unite!
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The largest collective group of representatives for retired NFL players ever assembled met yesterday in Minneapolis, Minnesota and agreed to unanimously support the class action litigation brought by retired NFL players against the League and its member clubs. That lawsuit is now pending before Judge Susan Nelson in federal court in Minneapolis.
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Among those present were:
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Posted with the express consent of Evan Weiner:

THE BUSINESS AND POLITICS OF SPORTS
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I was reading a Wall Street Journal article that circulated a couple of weeks ago and really had to take some time to digest it all.

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EDITOR’S NOTE: We received this update late last night from Brent while he’s still up in Boston this weekend undergoing some new MRI tests after the SLI Impact Awards this past Wednesday:

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We understand that this past Wednesday evening, NFL Commissioner Roger Goodell was given an Impact Award at the Sports Legacy Institute‘s Third Annual Impact Awards held in Boston MA. SLI has been involved with Boston University in the forensic study of the long-term effects of concussions on athletes’ brains. Many players have already pledged their brains to the Institute for study after they die. The award was to “recognize the NFL’s new advocacy and educational programs on youth sports concussions.” Of course, a year earlier, the NFL had donated $1 million to the Sports Legacy Institute Boston University School of Medicine’s Center for the Study of Traumatic Encephalopathy.

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Play & Pay

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KP Stoller, MD, FACHM

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In memory of Pat Tillman

There are certain similarities between the warriors who become football players and the warriors who serve the needs of the military. In a sense, football is organized war, whereas “real” war is disorganized. Of course, retired soldiers have the VA, an understaffed organization that makes the process for applying for benefits a labyrinth of complications because the more obstacles they can throw up at the retired soldier, the longer the VA can delay providing the benefits a retired soldier is entitled to, the less the VA has to pay out in the long term. Does this sound vaguely familiar to retired football players?

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Sometimes you just have to shake your head and laugh when a situation gets so ridiculous and absolutely everyone else can see it except the very people who should be able to see it. Yesterday, Dr. Ken Stoller submitted the first part of his series on HBOT (Hyperbaric Oxygen Therapy) and how the treatment for George Visger and Wayne Hawkins has been progressing. When you read Part II today, you’ll realize that Dr. Stoller is now also getting a taste of the typical bureaucratic runaround that retired players have been encountering for years.

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Like George Visger, Brent Boyd recently had another near-miss with concussion-related issues over this past weekend. Many of you may have been wondering why you haven’t heard much from Brent recently. He’s had not one – but five! – close brushes with death since knee surgery in 2006. Brent is now quietly recovering at home from his latest close call. And still no full disability benefits for Brent from the NFL! We finally heard from him this morning:

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(The Official NFL Concussion Poster is on the left and on the right, what it might have looked like when Dr. No was still chair of the “Mild” Traumatic Brain Injury Committee. Click on the posters to enlarge for viewing and printing.)

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Reprinted in its entirety with permission from Evan Weiner:

Discarded NFL players are often forgotten in retirement

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Many of you have followed Brent Boyd’s years of fighting with the NFL for his earned disability benefits. Brent has kept us updated on his current appeal to the Disability Board for a new review of his case. Brent now has more medical evidence from recognized clinics like The Amen Clinic to support his case of football-related disability.

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