Dave Pear's Blog

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THE BUSINESS AND POLITICS OF SPORTS
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Tuesday, 15 May 2011
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BY EVAN WEINER
NEWJERSEYNEWSROOM.COM
COMMENTARY
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Steve Bartkowski wikipedia

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Posted with the express consent of Evan Weiner:

THE BUSINESS AND POLITICS OF SPORTS
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Wednesday, 9 May 2011
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BY EVAN WEINER
NEWJERSEYNEWSROOM.COM
COMMENTARY
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It is that time of the year when school boards have to get budgets in place for the new school calendar and the 2012-13 school year. The people who do the budgets and the people who vote on the budgets probably aren’t too worried about the 2012 high school football season but there will come a time when school districts will have to evaluate the value of fielding junior high and high school football teams.
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There is evidence that football is causing major health problems for former players later on in life. Some National Football League players have been quite vocal about post-career problems, which include depression, thoughts of suicide, family problems, bankruptcy, homelessness and for some – like Dave Duerson and Junior Seau – suicide.
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Following Seau’s death, a few former players went public with their post football plight on Dave Pear’s Blog. Pear has been fighting for years for the NFL to get medical benefits to pay for the injuries he says he suffered during his career. The injuries were numerous.
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The comments should be noted by school boards and others with a passing interest in watching football whether it is Friday night high school contests or Monday Night Football featuring two NFL teams.
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One-time Pittsburgh Steelers player Reggie Harrison, now known as Kamal Ali Salaam-El wrote, “Since we don’t have a crystal ball, we may never know what was going through Junior Seau’s mind. I have yet to entertain the thought of taking my life, but I can relate to the pain that a lot of us are going through. I take 10 methadone, 4 oxycodone and 2 ml of liquid oxycodone daily, and sometimes the pain still overtakes me. I just pray that I can hold on and lean on my fellow alumni if I feel that I can’t go on. My heart goes out to Junior and his family and I hope he has found Peace. I sure haven’t found it.”
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Former Los Angeles Rams player Rick Hayes responded to the former Steelers by writing, “Kamal, I believe we played against each other in the L.A. Coliseum during our Rookie Year in 1974 Pre-Season. I, too, have been in pain today following the news of Junior Seau, and I find myself wondering about the possibility of CTE being the cause. For the last month, I have missed two Brain Scans and MRIs because of fear and pain. Several months ago, I finally detoxed from a daily dose of over 1000 mg of oxycodone via the Subuxone method. I think of suicide almost daily. There were other pills too. I feel much better now but still question the pain and sleep disturbances.
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“In your note, I found the realization that these medications treat and cover our emotional traumas as much as our physical pain. And eventually, they stop working due to our Opioid Tolerance. I wish you, our fellow Former Players, and myself, a path through all this confusion. We are all one, but unfortunately the NFLPA is failing in providing us guidance and assistance. They are aware of our PAIN and ADDICTIONS. Now they are having SUICIDES thrown in their faces. When will they act truthfully and completely? The BLOOD is on the OWNERS and NFLPA’s hands.”
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Janet McCoy speaking on behalf of her husband Mike, who played for Green Bay, responded with a different viewpoint: the position of a wife with a suffering husband. She said, “I received a call from my husband yesterday when he received the news of another player’s death. Since Mike is in assisted living for his dementia, all he could do was weep when I answered the phone. I knew why he was crying even before he spoke. How many tears do the players, wives and families have to shed before the NFL takes notice? I would like to suggest that the NFL have a plan payment for mental health therapy after this. Most men are not able to express themselves when this tragic diagnosis is received. Blessings to all our families.”
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Former NFL players who have been broken down and left on the curb have a place to vent frustrations. The awful truth for the former players who are suffering is that the National Football league owners never let them down; their own Players Association is the culprit. The National Football League Players Association was so focused on just getting money that there were not secondary concerns about players’ safety or post career medical and insurance benefits. The owners and players collectively bargained agreements, and whether it was 1974, 1982 or 1987, the players’ negotiators — and in turn the players’ agents — wanted liberal free agency rules and money.
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That was a mistake for about 97 percent of the players. The owners legally are not bound to give players extended medical benefits. That should have been a collectively bargained issue. Broken down players are living in the government safety net of Social Security Disability Insurance and Medicare.
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It may be those are some of the lucky players who survived the funnel and made it into the National Football League. There are probably hundreds of thousands of players from the college, high school and semi-pro ranks who have suffered severe injuries and didn’t have a players association – albeit a weak group like the NFLPA – who never got a football pension or a partial medical plan and now are depending on government assistance for life-altering injuries.
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But there really isn’t much about the plight of high school players who are suffering from football injuries that is documented.
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High school football remains king in certain sections of the country but what would happen if former high school players suffering from devastating injuries started suing schools? Would school boards who are either self-insured or pay a huge premium keep the games going?
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That is a difficult question but that question may come an awful lot sooner than anyone thinks. The National Football League, along with a helmet manufacturer, is being sued by hundreds of former players who contend that the league didn’t look after players’ health during careers and in post-career life. The lawsuit involves just the NFL and former players at this point.
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Many people play football from the youth level on up to the pros. Many of those players will never have an opportunity to sue school boards even though the life-altering injuries took place on some high school football field.
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Football has always been a brutally tough sport.
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It seems the issue of players’ safety was settled in 1905 after President Theodore Roosevelt pressured a few college presidents into cleaning up the game after the deaths of 18 players in college games and the maiming of others.
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But did President Roosevelt and the college presidents really clean up the game or was the game “properly” sanitized, with the injuries swept under the rug?
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Until 2010, players’ safety didn’t seem to have been much of a priority on any level, whether it was high school, college or the National Football League. The NFL was very slow to get into the players’ safety issue, and the league finally started addressing head issues 105 years after President Roosevelt made the issue of player safety part of his presidency.
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The NFL is urging all 50 states to take a very close look at head injuries suffered in high school and other football programs for children. Whether it is lip service or not, NFL Commissioner Roger Goodell sent out 44 letters to states urging them to enforce strict surveillance of head injuries. The league is continuing to beef up head injury protocol, but that is for future generations.
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The league is not taking responsibility for past injuries.
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But there is now a lawsuit and even though the players have directed their complaints against the National Football League, all of football is really on trial. That includes youth level, junior high school, high school, and college football. If the NFL and a helmet manufacturer lose this case, the whole structure of football will be shaken from the NFL down to kids’ football. The NFL depends on kids’ football as a feeder system into junior high school, then high school and colleges. The NFL gets ready-made players with years of experience. That could all change because school districts may decide running a football program is too costly in terms of insurance premiums and safety.
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If the school boards get rid of football, Troy Aikman’s words last February, looking at the NFL’s future, may be prophetic: “The long-term viability, to me anyway, is somewhat in question as far as what this game is going to look like 20 years from now.”
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Evan Weiner

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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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As big a deal as the League and Commissioner Goodell made of the Saints’ bounty program, you’d think it was something that no one ever knew about over the years and years that it’s been going on at all levels of the game. This story’s been in the headlines for the past couple of week and Roger Goodell finally issued his ruling earlier this week. It didn’t take long for new stories to come out that covered the underside of the story. Here are two of those headlines from FOX Sports’ Alex Marvez and A.J. Perez.
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We’ll be discussing these along with many other legal and medical issues that affect retired players at our upcoming Conference April 20 – 22 in Las Vegas. Be sure to register HERE and book your rooms and flight.

NFL suspends Saints coach for one year

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If you haven’t signed up to attend our Second Annual Independent Football Veterans Conference this April 20 – 22 in Las Vegas, you may want to book your plane tickets and rooms this week while the rates are still low. Sign up for our Conference and reserve your room by clicking HERE. This year, we’ll be be using a different format to allow us to present more information and answer more questions that retired players have been asking:
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What’s the latest news on the lawsuit against the NFLPA? When the NFLPA decertified just after the lockout this summer, legally and technically they had no right to represent current or retired players. Yet magically, the Legacy Fund and other benefits suddenly appeared in the weeks immediately following the ratification of the new CBA and recertification of the NFLPA. All with virtually no input or vote from the majority of retired players. We’ll have representatives from some of the law firms there to discuss what has happened so far.
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Why is it that every time a song or a film gets played or sold, a musician, an actor or a composer gets paid a royalty? So why aren’t retired football players paid anything whenever they’re in a video game or on a DVD?
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What are some of the more recent discoveries in concussions and traumatic brain injuries? Is there anything I can do to slow down or improve my mind and my memory?
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And what about concussions? Most of us suffered from countless concussions over our careers. Our coaches and managers taught us to call them ‘zingers’ and sent us back into the game as quickly as possible. And what about the long-term effects? If the League and the owners denied most of us any disability benefits from the effects of concussions, yet in creating the 88 Plan, they finally acknowledged those long-term effects only after it’s taken its final toll from our families both financially and emotionally.
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There are so many lawsuits currently fighting for every player’s attention, hear all the important issues and present your questions to the panel on concussions and equipment. We’ll be covering concussions and equipment on both days of the Conference: On Friday, our law panels will be discussing the legal aspects and what’s being done today as well as reviewing future action. On Saturday, our medical and neurological panels will be addressing topics ranging from how to detect and recognize the symptoms of a brain injury to questions such as just how effective have helmets been in protecting players from concussions?
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And how about the Legacy Fund? Some of you are only finally receiving your retroactive checks while many others are still waiting for return calls from the benefits office in Baltimore. And why were the widows overlooked for the increase?
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Why are more players winning their Social Security Disability and California Workers Compensation cases than those reaching favorable Disability and Pension verdicts with their own Plan? And just how legal is the Plan itself and the way it’s been managed? And just who do those people who run the Plan work for anyway? A panel of Disability and Workers Compensation attorneys will be there to discuss the latest cases and answer your questions.
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If the NFL gets to pick the best of the best out of all the college football teams, then what responsibilities should they – and the universities who benefit from their lucrative football programs – bear when those players sustain life-changing injuries? For many of these college players, the football scholarship is just that: A scholarship based on their abilities as an athlete. Attorney Steve Berman’s firm has filed a lawsuit against the NCAA on behalf of college athletes and will be sitting on a panel that will prove to be very informative.
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What new findings have come out of hyperbaric oxygen treatments and how will these new studies advance the general use of HBOT treatments not only for football players but also for our returning veterans and for everyone else who has ever had a concussion? Hear what some of the foremost experts in the field have to say about how much more quickly hyperbaric treatments are becoming accepted as one of the most cost-effective ways to treat concussions and brain injuries.
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And The Amen Clinic will also be back to present results of three new brain studies they’ve completed over the past year.
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I’m so excited about this year’s Conference that I know I’ve gone over the Top 10 Questions we all want to ask! The full list of our panelists’ biographies will be posting up this week. Stay tuned!
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So be sure to sign up for our Conference and reserve your room by clicking HERE!
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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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We have recently read the expose of George Martin and the NFL Alumni Association written by A. J. Perez and Alex Marvez for FOX Sports. We have also read the accounts of the Alumni’s press conference from the Super Bowl; and of their Board of Directors’ support for George Martin.
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I am not a former player and often wonder why and how I got involved in their issues. However, getting to know – and work with – many retired players over the past few years has been a personal and professional highlight of my life and career. I am proud to call many retired players my friends and most of them are a tremendous source of inspiration for me.
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That said, I have thought that I have had something worthwhile to contribute to the cause of retired players and their families – specifically my expertise in disability law. And it is with those thoughts in mind that I became actively involved in helping the NFL Alumni transition from Caring for Kids to a role as the primary advocate for the needs of retired players, their families and their widows.
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You will recall that several years ago, NFL Commissioner Roger Goodell visited several cities to meet with RETIRED PLAYERS ONLY to try to learn what was on their minds. Many of you will recall that Dr. Eleanor Perfetto was not allowed to attend a meeting on behalf of her husband, Ralph Wenzel, who suffers from dementia. You may also recall that I was allowed into the meeting in Dallas – but not allowed to speak. I was very skeptical about what Commissioner Goodell and the NFL were up to.
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Not long after, I got a call from Bruce Laird, President of Fourth and Goal – one of the first retired player advocacy organizations who were raising money on behalf of – and advocating for – retired players. He told me that Goodell had called him and asked if Fourth and Goal would work with the NFL Alumni to refocus their efforts towards retired players and become one unified and representative advocacy organization. As we envisioned it, we would have one truly representative group that would speak on behalf of retired players’ issues – from intellectual property rights to significant pension improvements and much needed disability reform – with both the League and the Union.
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It was a tremendous effort on the part of many men to establish the new Alumni Association and hire George Martin as their executive director. Many of us involved in the effort took a lot of heat from all sides. The PA would not have anything to do with this, as they felt (as many others did) that this was a ploy by the NFL to curry favor with retired players as the League and Union moved towards the new CBA. While the men of the PA had little regard for what I had to say about needed disability reforms (which would only have served to help their members), I continued on, hoping that I would have the opportunity to discuss cases, problems, ideas and solutions with the League or various owners. I pressed on, hoping that Bruce Laird, Jeff Nixon and others well-versed in the pension plan, the CBA and all issues facing retired players, would also have the chance to meet face-to-face with the CBA decision makers.
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It never happened.
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Fast forward to where we are today – a CBA that did not come close to adequately addressing the needs of retired players. As all of you know, those failings are the subject of a lawsuit pending in Minnesota against the Union. While the League and Union think they have a 10-year period of “labor peace” to look forward to, they will clearly be kept busy by retired players who continue to feel left out, bruised and abused – in light of what they did to make the game what it is today and in light of the almost unimaginable amount of money the NFL is now generating.
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The Legacy Fund (anyone get their checks yet?) is but a drop in the bucket of what was needed. The League and Union are now scrambling to decide what to do about the disaster of leaving widows out of the picture.
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Which brings me back to the Alumni Association. What have they done for retired players and their families? Were they a significant role-player in the CBA as we had hoped? Are retired players happy with what they are doing? Has the membership grown or decreased since George Martin was hired? (We hear from a former employee that membership was down significantly but we really don’t know.) I do know that there are a number of NFL cities where there is no longer an Alumni chapter – including here in Atlanta – where there are between 700 and 800 retired players.
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The Alumni has had three major programs – all highly touted: the Satcher Leadership Institute of Morehouse School of Medicine and their mental health awareness program; their partnership with the Gay Culverhouse Player Outreach Program; and the Long-Term Care Insurance program. All of them great, helpful programs. But they weren’t really the Alumni’s – they were the League’s and the Alumni’s role in them appears to be little more than lip-service.
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I am sure that Commissioner Goodell and the League expected the Alumni to be self-sustaining by now. At least when we started down this path, that is what those of us at Fourth and Goal had expected. To the best of my knowledge, they are not. They have been the beneficiary of millions of dollars in “interest-free loans” from the League.
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The point of this letter is that at this point in time, I don’t think it really matters what I think of the Alumni or George Martin’s leadership. I don’t think it really matters what the majority of retired players think about them. And although the Board of Directors is supposed to be in charge, I don’t think it really matters what they think, or how much confidence they have in George Martin and the Alumni’s direction.
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The only one who really matters is Roger Goodell. Is he willing to continue to invest multiple millions of dollars to try to prop them up on their feet – or is it time to close the checkbook and see if they can stand on their own feet?
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John Hogan
Disability Attorney
Retired Player Advocate
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FOX Sports‘ A.J. Perez and Alex Marvez kick off Super Bowl week with a scathing exposé on the inner workings of the NFL Alumni and its Executive Director, George Martin.
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One question we keep wondering about: Just exactly how many retired football player members does the NFL Alumni actually have? The one thing even the NFLPA manages to be transparent about is its membership roster and they even provide an online list for all to see. But George Martin and his management team continue to cite numbers in the thousands, claiming that their membership is the largest collective group of retired players. But this article cites around $80,000 collected from May through September 2011. At $100 per member, simple arithmetic tells you that’s 800 members. But when you factor in the $5,000 fees from the remaining chapters who may have sent in their dues during that same period, one has to wonder how much of that $80,000 actually comes from individual memberships? We’ve heard from all too many sources that the membership has dropped to below 500 actual dues-paying retired players, with the remaining members classified as “Associate Members” that include fans and other non-retirees. Heck, if the NFL has given the Alumni $4 million in interest-free loans since George Martin took over, maybe it might have been cheaper to just pay each of the estimated 15,000+ retired players (just one estimate) $100 apiece to be members of the Alumni?
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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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Most members of the NFLPA received the first announcement in their Inboxes earlier today along with different variations from many sources. The second, more detailed announcement comes out of the NFL Communications office. If you note in the league’s release, credit is graciously being given to several retired players who took part in later discussions held directly with Commissioner Goodell and the owners, something that’s clearly missing from the NFLPA’s announcement. In fact, the NFLPA and its representatives did NOT attend that meeting held in Washington DC.
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We’re posting both announcements here exactly as received:
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In our last post - click HERE if you’d like to read it again – we posted an exchange of e-mails from Bob Kuechenberg with questions on the current CBA, the Legacy Fund and benefits in general for retired players (particularly the pre-93ers). For weeks, those within the NFLPA have been stonewalling retirees with vague answers as well as pointing the finger at others to lay blame for lack of any clarity on what and how retired players will be receiving “new” benefits. One thing the PA has shown consistency with has always been, “We know what’s best for retired players and you’ll get what’s left AFTER we’ve already carved up the pie for the active players. And by the way – no one can talk about this stuff at local chapter meetings because it’s too negative and divisive!”
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What’s worse: The NFLPA was invited to the table for a real opportunity to sit down with the Commissioner and representatives of the retired players in September because “they were being sued by the retired players” so they couldn’t show up. Never mind that Nolan Harrison III and Jim McFarland were invited – AND attended – the first meeting and subsequent conference calls with the largest unified collective of retired players representatives to have ever assembled for one goal: To take charge of their own pension and disability benefits. And never mind that the non-Union (decertified) individuals and the League were also subsequently sued by retired players at that time. (EDITOR’S NOTE: To Jim McFarland’s credit, he’s been the only man on the inside who’s been speaking up on the real issues relevant to retired players but of course, no one seems to be listening to him and he has absolutely NO vote.)
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EDITOR’S NOTE: Another exchange that Bob Kuechenberg recently had with your NFLPA representatives who are still asking what’s important to retired players. (?!!) The only three things that matter to retired football players have always been – and will always continue to be – real access to THEIR EARNED:
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• Disability Benefits
• Pension Benefits
• Medical after football
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Some of you may also recall several chapter presidents resigned in recent years in protest after being told what they could and could not talk about at chapter meetings
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It seems that the PA is still managing to put out as much as they can without saying anything while still blaming everyone else for holding the process up. Oh wait – they’re in Washington DC! That’s what EVERYONE does up there! We forgot!
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So over the past week, we’ve received a few more ‘communiques’ from our local NFLPA chapter via Sam McCullum and it always seems that the guy in the room with no vote or real voice on any matters has the clearest take on everything. Jim McFarland – retired players’ representative – has provided some of the clearest analysis on what’s proposed in the final CBA for the Legacy Fund and how it will affect pre-93 players. Here are the e-mails and comments starting with the latest first. We also included a copy of that meeting proposal document referenced in the most recent e-mail and have loaded it up to Scribd for easier reading and printing.
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One more thing: And the NFLPA and Sam McCullum says none of you should be reading any of the blogs to get your information. Of course, they didn’t attend what may have been one of the most important meetings of the year regarding retirees because they didn’t want to hear what everyone else wanted them to hear so they can’t tell you about it. (?!!)
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Some reading material for your weekend. We have a recent newsletter from Hausfeld LLP and Zelle Hofmann that provides an update on much of what’s been happening with the retired players’ lawsuit as well as recent information and links of interest to football players and fans alike regarding concussions. They also provide some straight-forward analysis of the new CBA and how it will affect retirees’ benefits that you probably won’t be hearing from the NFLPA any time soon.
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And Sports Life Magazine’s Rick Kelsheimer spoke with us last month about Dave’s long battle with the NFL and the NFLPA and was gracious enough to provide us with an advance copy of his story that will appear in the October 2011 edition.
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We uploaded full copies of the newsletter and the Sports Life article 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 (just hit the ESC key to close): continue reading »

Posted with the express consent of Evan Weiner:

THE BUSINESS AND POLITICS OF SPORTS
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NFL and NFLPA’s labor woes may not be over yet

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Tuesday, 02 August 2011
BY EVAN WEINER
NEWJERSEYNEWSROOM.COM
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The National Football League owners have a labor agreement with the present members of the reconstituted National Football League Players Association but it appears that the league still has problems with the players association’s stance on not helping out former players with their medical needs years after their last game in the league. The league apparently informed Carl Eller’s legal team on Friday that the-then decertified National Football League Players Association decided not to take a $500 million offer over ten-years to get retirees life football medical benefits and an uptick in pensions as part of the recently completed collective bargaining agreement.
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