Dave Pear's Blog

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Posturing has already started between the two sides in the upcoming NFL labor dispute. Although it’s still in the pre-game warm-up stage, reading between the lines and newspaper quotes shows both sides expect – or are at least positioning – for a lockout.

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The centerpiece of the battle is the percentage of revenue sharing. The real issue is not the percentage but the true gross number on which the percentage is based. It has long been whispered that the greatest untold story in sports is what NFL owners actually make, as compared to what they report. Monies paid to themselves, family members and subsidiary companies through those huge consulting fees and offshore money transfers to lower the bottom line first, thus lowering the players’ claim to their cut of the pie. And now the owners also want the players to take more money off the top to cover costs for stadiums. Is that like General Motors asking the UAW to help them finance a new car factory while also taking a pay cut?

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Over the past couple of weeks, we’ve received a huge volume of e-mails for all sorts of remarkable deals that range from new licensing deals to medical miracles to more golf outings (that’s in addition to all the get-rich-quick schemes and Nigerian scam deals!). Among the most common e-mails of late have been those “recruitment” sites that ask all retired players to sign up for a licensing deal immediately. Lots of talk and absolutely no substance on just exactly what they intend to do once they have your name on that licensing agreement. They don’t tell you exactly how they intend to represent you or what to expect in terms of payment. Just sign up to be included and we’ll take care of the details later. The worst part? They don’t disclose any information whatsoever on what their cut will be. Some of the retired players in our network have inquired about this new deal and we want to describe a real-life scenario and let you make your own minds up.

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Imagine someone coming up to your front door and telling you they have an unbelievable deal for you. Just sign up to join our group and some time later, you just might get a little something from someone. Never mind that you’re actually signing all your rights away to someone you’ve probably never met before in your life (and probably won’t ever again). And ignore the fact that not only do they not tell you what they’re going to give you but they’re not going to tell you what’s in it for them. They might even trot out a retired player or two to convince you they’re legit. It was bad enough that the NFLPA and its legal department created a legal document called a Group Licensing Agreement to convince retired players to sign up for a licensing deal that was actually sent out to thousands of you for years. It was then actually used to defraud the retired players out of millions in royalties. (We’re still wondering why there weren’t Federal charges filed for interstate fraud against the PA and all of the individuals involved? They used the US Postal Service across state lines to perpetuate a long-term fraud. The SEC uses that all the time as a key part of its arsenal in fraud cases).

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Our advice to anyone who gets an offer that sounds too good to be true: It probably IS too good to be true. Everyone always needs to be even more vigilant when it involves e-mail offers with no disclosure. That old warning Caveat Emptor (Buyer Beware) still holds true – especially when it comes to the Internet.

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Wow! You’d think that it was the NFL that’s suffering from one too many concussions with as many hits as they’ve been taking on the issue of concussions lately. This past week, another series of news stories have been hitting the wires, covering everything from brain injuries in general to football concussions in particular. This recent run started off with Evan Weiner‘s piece from the New Jersey Newsroom on how football players are discarded in retirement (click HERE to read that earlier post) as well as Alan Schwarz‘s continuing series on the NFL’s history of dodgy mishandling of concussions over the years (click HERE for the last round of recent coverage).

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The Washington Post’s Michael Wilbon wrote a new piece in their Sunday edition:

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Picture a 259-pound young man of 21 who had lifted weights for 10 years in order to get a job with Kmart finally being hired by Kmart. Both his older brothers and father had worked at jobs below Kmart but never made it there. He had dreams of being better than all of them. During his interview, the supervisor told the young man with a wink, that there was a place for him at Kmart if he could put on 20 – 25 pounds of solid muscle without losing any speed. The caveat was it needed to be done before he started work in 3 months. Considering there were 50 others vying for his job and he had planned on buying his parents a new home and helping his older brother start a business, the young man returned to school, obtained a prescription for steroids, as he knew the supervisors request was not physically possible without chemical help. He returned to work 3 months later weighing 275 pounds while maintaining his speed as requested. Despite the fact he had fulfilled his obligation, his supervisor fired him after 6 weeks.

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But the young man never gave up on his dreams and landed a job at another Kmart store. Early in his second year working for Kmart, the young man severely inured a knee while doing his duties as a Kmart employee. One of his new supervisors told him he was not injured, convinced him to have his knee drained of 65 – 70 ccs of blood every 2-3 weeks and put him back to work. The knee failed every few weeks prior to being drained, but he reported to work every day as required and did his duties as well as he could with his injured knee. The knee failed again and required surgery, during which they removed all the cartilage but never repaired a torn Anterior Cruciate ligament which was duly noted in the medical records.

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He returned to Kmart after the knee surgery and began working in a new area of the store until he could function at his old position again. While working at his new position, he began developing severe headaches, projectile vomiting, loss of hearing and eyesight. His supervisors told him it was due to a cold, prescribed cold medicine and told him to continue working at his new position until he was healthy enough to return to his original job. He did as he was told but his conditions worsened over the course of 2½ weeks, culminating in focal point paralysis of his right arm. He again returned to his supervisors and relayed to them his paralysis of the night before. His supervisor looked in his eye with a light and told the employee his brain was hemorrhaging. So the supervisor told this employee to go home, lie down and then drive 30 minutes to a hospital later that afternoon… by himself. The young employee did as he was told and subsequently underwent emergency VP Shunt brain surgery that night.

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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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This past year, we’ve seen some interesting changes as they relate to concussions and brain injuries. With the Congressional Committee going for the jugular on the seriousness of brain injuries as well as some hard-hitting media coverage from sports journalists like Alan Schwarz of the New York Times, we have to agree that there’s been serious movement in terms of acknowledging the reality of brain injuries. In Washington State, we saw the passage of Zach’s Law (named for Zachery Lystedt, a high school student who was paralyzed when he was sent back into a football game by his coach following a serious concussion). Zach’s Law sets a new standard for evaluation of concussions at the public school level that many other states are now beginning to follow. The NFL saw the departure of the co-chair of their “Mild” Traumatic Brain Injury Committee, Ira “Dr. No” Casson, and then created a new committee now re-named the NFL Head, Neck and Spine Committee. To their credit, one of the new co-chairs is a well-respected REAL concussion expert, Dr. Richard Ellenbogen, who actually hails from Seattle and was instrumental in helping to draft Zach’s Law.

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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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We were all excited when the NFL finally got rid of Ira “Dr. No” Casson as Co-Chair of the NFL’s “Mild” Traumatic Brain Injury Committee. What surprised us was the selection of Dr. Richard Ellenbogen as co-chair of the newly-named NFL Head, Neck and Spine Committee. Dr. Ellenbogen hails from Harborview Medical Center in Seattle as chief of neurological surgery and has been very proactive at the state level in legislation regarding concussions in youth athletics.

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George Visger was the perfect poster-boy for NFL brain concussions to contact Dr. Ellenbogen: Incredibly intelligent, well-spoken and very vocal as a perfect spokesman on the long-term damage from severe brain concussions that resulted directly from his career in professional football. George has been relentlessly involved with a two-pronged approach to the NFL’s concussion problem: The NFL needs to be held to the same standard as any employer in America when it comes to taking care of its injured employees – both active and retired – and clear rules need to be put in place to ensure worker safety both on and off the field. Last month, George proposed a detailed set of rules that address the most important issue facing the NFL, the NFLPA and its employees. The proposed rules were the result of collaboration among a group of retired players who worked with George to develop some guidelines that have been long overdue. We think they make a lot of sense and it covers ALL players with a common sense approach that only players with first-hand experience could develop.

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On a side note before we present the Visger Rules, we had sent a proposal to DeMaurice Smith several months back as the Amen Clinic trials was closing to see if the NFLPA would be interested in funding brain scans for active players BEFORE and AFTER they started their careers, as well as brain scans for all retired players. After seeing the need to continue helping the retired football players, Dr. Amen had graciously offered an incredibly discounted rate for any and all players sent to any of his clinics. Our proposal was simple: ALL active players would have a SPECT scan before starting their careers as well as when they retired; and ALL retired players would be allowed a brain scan as a new benefit. The cost would have been relatively minimal (considering all the money we see wasted every year as disclosed in the annual LM-2 filings) but the impact and effect would be invaluable to each and every player for a lifetime. George’s proposal goes even further: Each active player would also be required to have annual brain scans as an integral part of their mandatory checkup regimen. With the medical technology available today, each player and the Union could easily be provided with up-to-the-minute information on their entire physical condition that’s complete and accurate to help prevent further injuries. We felt that the proposal was the right thing to do and very pro-player (pro-employee – which is what Unions are supposed to be). Given the League’s recent gestures in this direction, the timing couldn’t have been better for the PA to initiate such a plan. After all, what could the League have to say against such a proactive move? This could easily be a high priority issue during any CBA negotiations which is why we felt it was important enough to present the idea directly to DeMaurice Smith. There has been absolutely NO response since the proposal was sent to them in April. We have no idea why this wouldn’t be a perfect issue for the Union (the retired AND active players’  Union) to take up with the League right now to show real unity by protecting all of its men – past and present. As with everything else, it seems we’re all still waiting just for a response…

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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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In one recent conversation, Brent used a brilliant analogy: “Imagine if today’s young generations of minorities went back to all those great people who fought for civil rights in the 50′s and 60′s – often with their lives – and told them, ‘Thanks for all you did for us. Oh – and by the way, you guys still have to ride at the back of the bus, use a separate bathroom and drink out of that water fountain over there!’ That’s exactly the way the NFL is treating its retired veterans.”

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Current players get larger contracts with easier pension qualifications while the retired players keep getting sent to the back of the bus. And just as often (as you’re about to see in some of Brent’s documents), they still keep making up the rules against you when things don’t go their way. Brent’s attorneys filed an appeal on his last rejected application and just as it’s coming up for trial, the Disability Board decides they want ANOTHER doctor to examine him AND they secretly reject his claim once again. After three other doctors of their choosing had already ruled in Brent’s favor. And who’s front and center in all of this? The Groom Law Group. The same people who WROTE the plan and are now helping the NFL and the Disability Board continue to re-define the rules to deny him his earned benefits. A few years back, retired players were told that if you had already qualified for Social Security Disability (most people know how difficult it is to qualify for SSI), you would automatically “qualify” for NFL benefits. But then “discretionary” qualifications got added back into the process in side deals made between Gene Upshaw and Harold Henderson.

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Mercury Morris has recently been discussing an investigation into the NFL and its handling of the retired players’ disability and pension benefits. Here’s his synopsis of what he’s made available to select members of the media so far:

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I want to tell you about a story I would like to read about Roger Goodell. I only recently discovered that Roger Goodell, while serving under Commissioner Paul Tagliabue, sat as the 7th non-voting member of the Retirement Board. That means Goodell has been aware of all of the disability and retirement misconduct that occurred from the mid 90′s to the present. I recently met with Federal investigators on three occasions to discuss filing charges – both criminal and civil – against the Retirement Board and the Groom Law Group. Goodell has been scamming the public about his “honest effort” in helping the retired players that he’s perpetuated in the media. When we did the story last May about the Retirement Board making up a provision to exclude me from representing other retired players whose benefits had been compromised with the sole intent of saving these multimillionaire owners money, I wasn’t aware that Goodell had put Harold Henderson in that very same seat he had occupied to oversee the obvious corruption at the hands of the Retirement Board. Out of my meeting with the investigators, it was disclosed to me that the Department of Labor has been working with the Retirement Board to cover up disability and retirement pension misconduct from the Bush administration (helping big business) to the Obama administration attempting to cover it up.

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The devastating part of this story is that when they passed this phony exclusion-by-felony rule, the two people I had been representing were basically left to fend for themselves. Dwight Harrison had a son who committed suicide after Dwight’s disability benefits were taken away. His retirement benefit money which amounted to $130,000 was then used to pay the Groom Law Group for attorneys’ fees. Because of this, his family broke up and his son later committed suicide. The Retirement Board, under Goodell now have blood on their hands. Marian Klein, the widow of the late Dick Klein, lost her home because the “across-the-board benefit increase” that was given to everyone else was denied to her. Again, I was closing in on proving that both criminal and civil acts had occurred against a retired player’s widow for no other purpose than to beat her out of $200 a month.  Although they could never explain to her why she wasn’t entitled to this benefit that everyone else got, without me there to scrutinize their actions, they basically told her, “We lied about your exclusion, we have no real answer, and you’re still not going to get the benefit.” She too has gone through tough times, caring for her son who is now in the late stages of his battle with cancer. She had to move in with him after losing her home because of these people.

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Reality vs. PR Fantasy: Now we know why those fantasy football games and Electronic Arts Madden Football are so profitable: They exist in a fantasy world where the players never get old and they never really get injured. You can make up new rules as you go and the best part of all? You never have to really pay the players. No salaries, no disability benefits, no pensions! And like in the fantasy games – if not for the GLA Class Action lawsuit – most of the real players featured in those fantasy games would never have received any compensation when their fantasy versions and stats were used. The NFL AND the NFLPA both seem to believe that the real world runs in much the same way: Retired players leave the game and they no longer exist. Out of sight, out of mind.

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Dave only recently received a second generous $200 reimbursement check from the NFL’s hip replacement program – over two years after he had that $60,000 surgery! The same program that Roger Goodell publicly told Congress last year is faster, more efficient and better than ever! (Read that earlier post – click HERE.)

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We saved this clip from Roger Goodell’s testimony before Congress in October 2010:

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So here we are well into our third year with Dave’s Blog. When Dave first decided to document and present his experiences in dealing with his life after football, we had no idea just how many people wanted to read his story or how many – or how few – other retired players were suffering the same fate.

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Over these past couple of years, we discovered there were a lot of different but similar accounts of all the ways that retired football players have been denied their earned benefits.  Just when you thought you’d heard it all, a new one comes along.

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This past weekend, we read a post on the National Football Post about Conrad Dobler’s most recent struggles to survive after 30 surgeries – including 10 knee replacements – all while still looking after his wife, Joy, who has been a quadriplegic since 2001. (Read the article – click HERE.)

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Last week, we received a couple of copies of the current Bert Bell/Pete Rozelle NFL Players Retirement Plan (released in April 2009) from different sources. After reviewing and comparing them, we’ve confirmed that we have an accurate copy of the plan and we’re posting it here for everyone.

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We’ve uploaded the entire document on Scribd for easier access and viewing. (Click on the FULL SCREEN button to enlarge it for easier navigation – hit the ESC key to close. You can also click the DOWNLOAD button to save a PDF copy for printing and reading.)

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And just as with that NFLPA 2009 LM-2,  if you find any interesting items to point out, please feel free to share them with everyone in the Comments Section.

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Dear Roger Goodell,

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Thank you for signing the $200.00 reimbursement check for my total left hip replacement of April 29, 2008. Boy, it sure did take a long time but I guess it’s better that nothing. By the way, I’ve had 2 more surgeries since then. On August 11, 2009 I had 4-3½ inch screws along with 4 nuts and 2 bars removed from my spine at L3-4. And on March 4, 2010 I also had a hydrocele repair. I have more out-of-pocket expenses for these surgeries. (Click on the thumbnail to see this big check.)

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My question is, “How is a retired player suppose to pay for ALL the out-of-pocket expenses for major surgery and then hope to get reimbursed?” This is counterintuitive to any insurance benefit I have ever heard of. I certainly know from first-hand experience that Medicare certainly doesn’t work that way!  Is this the way YOUR health insurance plan works for you? Most retired players aren’t able to cover out-of-pocket expenses with money they don’t have to pay for their surgeries from playing football in the NFL.

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Once again, the Groom Law Group has the audacity to continue fabricating another crafty document where even the smallest benefit is unreachable for the vast majority of retired players and especially for those who need it the most.

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I feel for the “terror” today’s players must be facing regarding a work stoppage. (To read the Sporting News article ‘NFLPA executive director DeMaurice Smith: ‘A lot of players are terrified’ about a work stoppage’ – Click HERE.) Luckily, I was able to support myself and family these last 28 years on the $65,000 plus partial playoff money (another $14,000) I made while a member of San Francisco 49′ers team in ’81. Shoot, if I wasn’t such an economically suave 23-year old when I was injured, I never would have survived the next 7 brain surgeries over the years. (The fact I had to sue for Workers Comp to get brain surgeries #2 and #3 paid did help keep the creditors at bay for a while.)

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I can remember times when I had $3.85/day to eat on during the late 80′s. I had 4 emergency VP Shunt brain surgeries in one 10-month period while I was back in school full time trying to finish my biology degree, bouncing in bars at night for $10/hr, swinging a hammer during the day in between classes as a general contractor and carpenter, and working as a live-in counselor at a Crisis Intervention Shelter for runaway youths (Diogenese Youth Services in Sacramento). I did two 28 hour shifts/week living in the home with up to 6 runaway youths at a time, while manning a 24 hr/day hotline. I was paid for 24 hours/shift as they thought you could get 4 hours sleep per night some how. All this for $150/shift, and I was thankful I could pay the bills doing something to help others. That $300/week made the difference between eating or not. I was forced to quit that job during the 1987 four-brain-surgery-run, as I couldn’t remember where I parked my truck, much less be responsible for living with and counseling 6 at-risk youths at one time. Luckily, the anger management issues I developed from the brain surgeries where looked upon as an asset when pursuing bouncing jobs and I was able to demand a premium wage.

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Today’s players need to wake up, give back to the community and thank God and the older guys for paving the way for their lucrative careers, instead of whining when they aren’t guaranteed more than last years players. BEFORE they ever even step on the field!

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Retiree dispute declared ‘done’

NFL Players Association chief says he has worked hard to address the complaints of former players.

By Charles Chandler

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