Dave Pear's Blog

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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The Super Bowl show is now in full swing and today, George Martin and the NFL Alumni Board showed up for a full-court press conference to show unity behind their beloved leader. FOX Sports was in attendance and A.J. Perez covered it (comic book version at the bottom of the post) :
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NFL alumni board defends director

by A.J. Perez
Feb. 2, 2012
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Members of the NFL Alumni Association board of directors voiced their support for executive director George Martin at a news conference Thursday, a week after a FOXSports.com report revealed possible mismanagement of the financially strapped organization.
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“People can write whatever they want to write,” said Harry Carson, a former teammate of Martin’s on the New York Giants who pushed vigorously for Martin’s appointment in 2009. “You see all the individuals sitting here. We are backing this man 150 percent. We are his teammates and we are doing everything that we can to help our team, the retired players community, be successful.”
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FOXSports.com reported that the NFL Alumni Association — which began to advocate for retired players in conjunction with Martin’s hiring — has slid deeper into financial disarray and has been propped up by NFL loans totaling more than $4 million over the past two years. Martin also funneled contracts to family members, according to the report, and the charity he founded received free Super Bowl tickets.
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Five board members spoke on Martin’s behalf when asked about the report during the news conference. Afterward, one of the board members, former Baltimore Colts running back Tom Nowatzke, told FOXSports.com that the NFLAA ethics board addressed one of the conflict-of-interest claims made in the article: Martin’s use of his wife and daughter-in-law’s catering firm.
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On January 13, 2012, I called the NFLPA office to inquire about the Legacy benefit. I was instructed to call Cynthia Timpson at the Bert Bell/Pete Rozelle office to discuss the matter. My late husband was a pre-93 player, and from my understanding the 2012 CBA agreement states, “All players who vested under the Bert Bell/Pete Rozell NFL Retirement Plan prior to 1993 would get an increase.” I anticipated her return call and was unprepared for her disrespectful remarks. I have never been so disappointed in the treatment I received that day; however, it should not have surprised me since that seemed to be the status quo whenever I have called seeking information from any of the NFL-related offices.
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Football damaged my brain and it didn’t have to happen

GEORGE VISGER, a former 49er, tells his story
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Due to the size and speed of today’s football players, the kinetic energy they generate during hits can have long-term consequences. Here’s my story:
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My football career began at age 11 in 1970 when I suited up for the West Stockton Bear Cubs, the first Pee Wee Pop Warner team fielded in Stockton, Calif. Of the 29 kids on the team, three went on to sign NFL contracts in 1980 (myself — sixth round, New York Jets; Jack Cosgrove — eighth round, Seattle Seahawks; Pat Bowe — free agent, Green Bay Packers).
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During my third year of Pop Warner, I was hospitalized when I knocked myself unconscious during a tackling drill. The exercise was a needless bull-in-the-ring drill that was more of a gladiator competition for the coaches’ amusement than a means of teaching useful techniques to young players.
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The coaches had us form a big circle about 25 yards across and numbered the 40 of us 1 to 20 on each side. When your number was called, you and the player on the other side with the same number sprinted directly at each other and hit head-to-head.
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Concussions followed throughout my high school career, though I never missed a game or practice. In my senior year, we went 11-0 and ranked No. 3 in California. I was selected to the All-America Top 100 Team.
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I entered the University of Colorado on a football scholarship in 1976 as a 6-foot, 5-inch 235-pound defensive tackle, majoring in biology. I was a starter for three years and suffered a number of minor concussions, but I never missed a play except after leg injuries.
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Turning pro

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January 11, 2012
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To: Fellow Retired NFL Players
From: Bob Stein
RE: Legacy Benefit
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Men,
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As there have been many questions and some conflicting information flying around on this subject affecting vested players retired before 1993, I would like to provide the latest information I have received. This is not legal advice and I cannot guarantee its accuracy but it is what I was told and intended only to help keep you informed. In recent calls to the NFLPA (800-372-2000) and NFL Retirement Plan (410-685-5069) offices, I was told by both:
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a) We must each complete and return the letter dated December 8, 2011 (I got mine December 26) from the Plan to begin the process. That letter asked for personal info and asked us to provide information for possible beneficiaries of the Benefit if we were interested in examining that option. If you didn’t get one, you should call the Plan office.
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b) Once the Plan office receives the completed December 8 letter back from us, they will send us an election form, which is to spell out the effect on our benefits and show what beneficiaries would receive if we indicated interest in a beneficiary option. Even if we don’t choose a beneficiary option, we must return the election form to confirm that decision, what taxes we want withheld, etc. I was told the election forms should be sent to us about 2 weeks after we return the December 8 letter, but also that they were being processed “as quickly as the actuaries can do the calculations for beneficiaries and they can be processed.” I sent my Dec. 8 letter back on Dec. 27 and have not yet received my election form.
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c) When the Plan office receives our election form back, they will send our first Legacy check, but they could not tell me if the first check would include the promised retroactive payments back to August or how long it would take to receive it. They did say that once our monthly Legacy Benefit payments begin, they will arrive in a separate check sent together with our monthly pension checks.
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d) It got more confusing when they told me we can make different decisions on when to start pension benefits and Legacy benefits, BUT we cannot begin to receive Legacy benefits until we receive pension benefits. So apparently, if we already receive pension checks, we can take Legacy benefits now or delay them. But if we have deferred our pension benefits, we must also defer Legacy benefits at least until we start receiving our pension payments. Also, we can make different elections for each benefit regarding taking lifetime-only payments or naming a beneficiary and receiving lower payments during our lives.
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I hope this helps.
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As Hausfeld LLP and associated law firms have brought lawsuits challenging the right of the NFLPA to negotiate Legacy Benefits or anything else on behalf of retired players, they have suggested retired players include the following statement with our December 8 letter response, or if we have already returned the December 8 letter, to write to the NFL Player Retirement Plan adding it as an addendum. Their point is to avoid a possible NFLPA claim that following the process to receive the Legacy Benefit means we have accepted the NFLPA representing us in negotiating it. You should consult your own attorney with any question related to this language. I sent it as a follow-up addendum to my Dec. 8 response:
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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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Happy New Year, good luck and good health to all in 2012.
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Bob Stein
Kansas City Chiefs, LA Rams
1969 – 1975
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Posted with the express consent of Irv Muchnick from his blog Concussion Inc.:
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Published January 10th, 2012

Rep. Linda Sánchez

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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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We’re sorry but we just couldn’t help it. Comparing recent news involving two big-name coaches like John Madden and Joe Paterno Last week, John Madden came forward like the great leader he is and declared that they would now be taking players out of the game when they get concussed. In the Electronic Arts video game that bears his name. Nice. Is that much different than the Wall of Silence that we’ve seen from coach Joe Paterno surrounding the juggernaut of charges still mounting against his BFF Jerry Sandusky that include child sex abuse and rape? Even in the face of overwhelming evidence, both of them continue to believe in the sanctity of football to protect those at the top from any accountability. It’s this arrogant air that finds the rest of us scratching our heads wondering what planet these people are living on.
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Here we are coming up to the end of November and as you can see from a lot of the comments on earlier posts, everyone would like to know where those big, fat pension increases have gone. This morning, I received another local NFLPA communiqué from Sam McCullum and once again, it’s a lot of nothing in a long string of paragraphs. The only good advice he passes along is, “Don’t go spending it until you get it!”
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A WORD OF CAUTION: This recent e-mail talks about signing a “Declaration” before you can get your money. All of our lawyers have cautioned us NOT to sign ANY declarations or agreements until it’s been carefully reviewed. (Remember those nasty GLA agreements that they had us sign so we could get paid “our share of the video game licensing revenues?” Yeah, right!) We expect to be posting a legal advisory on this declaration as soon as it’s available - you don’t want to be signing away any of your rights to sue the NFL OR the NFLPA through another typical weasel-worded ‘Declaration.’ If anyone gets an advance copy, please feel free to share it with us.
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EDITOR’S NOTE: Several weeks back, the NFLPA put out a request to local chapters for three questions to send along to their big meeting in Washington DC. Disability Attorney John Hogan actually had a few questions to point out in the new CBA. John also has some observations from a recent case that was “approved” by the Disability Board:
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1. The CBA contains some significant changes in disability – specifically, there will no longer be a requirement to show that your disability is ALL football-related. Why weren’t these changes made retroactive so that guys who are disabled but denied football degenerative might be able to get a better deal?
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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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Both the NFLPA and George Martin’s NFL Alumni have been trying to take credit for everything being offered to retired players from the new CBA. In the meanwhile, they’ve also done their best to ignore what retired players have actually been demanding long before this current CBA while never really putting their cards on the table about what it is that they’ve actually decided for retirees – without their direct input. The Union simply refused to be in the same room while discussions were being held directly with Commissioner Goodell and now they continue to play a let’s-wait-and-see attitude by blaming the League for holding up the final agreement. And they continue to take credit for the wonderful things they’ve done for retirees all while they weren’t a Union (during de-certification!).
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Meanwhile, back at the Alumni ranch, George Martin’s $250,000+ annual salary and bonuses are apparently not enough so he also had to do some endorsement work. George has been driving around in a brand-new $65,000+ Cadillac Platinum Edition Escalade ESV for the last week or so since the Alumni Golf Tournament tweeting all about his praises for his loaner wheels much to the delight of Government Motors. (Read the official NFL Alumni Press Release by clicking HERE.) FOX Sports’ Alex Marvez had a few more words to say about that ride:
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First the serious stuff: One more helmet concussion lawsuit filed in California by Hausfeld LLP and Pearson Simon Warshaw & Penny LLP, on behalf of Cedrick Hardman and Tommy Mason against the NFL, Riddell and Easton-Bell. The two Exhibits include proposals for medical monitoring and benefits after a career in football.
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And we’re not letting the NFLPA off the hook today either: Here’s another good reason for retired players to manage and administer their own benefits: Be sure to read about the Gene Upshaw NFL Player Health Reimburse lobby at the end of this post! Oh well – Another day, another $100,000!
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NFLPA 2012 Florida Convention

The NFLPA just announced their 2012 convention to be held once again at the Marco Island Marriott in Florida next March. Retired players are also invited to actually mingle with active players for $250 a night! Lots of golf, fine dining and everything else… except talking about the real issues that retired players actually need to have addressed.
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So with all the lawyers that work over at the NFLPA, it seems that the only thing that gets their attention is another good lawsuit. Today, the attorneys in the earlier Eller suit – Hausfeld LLP, Zelle Hofmann, Arthur N. Bailey & Associates, Coburn & Greenbaum – filed another class action suit on behalf of retired players against the NFLPA, DeMaurice Smith, Tom Brady and Mike Vrabel. The new suit includes a new list of players – Dave is included as one of the named plaintiffs – along with an additional list of key issues that the PA will need to address.
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We’ve uploaded a copy of the new 44-page Lawsuit to Scribd for easy viewing and to make it downloadable for printing. You can also click the Enlarge icon in the center of the menu at the bottom of the viewing screen to go Full Screen for easier reading (and just hit the ESC key to close):
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Gault McElhenney Brown Et Al v NFLPA
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