Dave Pear's Blog

Posted with the express consent of Evan Weiner:

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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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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Yesterday, a story made its way across the sports networks about an 11-page letter from attorney and player/agent advisor David Cornwell criticizing NFLPA Executive Director’s performance in general and his handling of the 2011 Collective Bargaining Agreement (CBA) in particular. Interestingly, one of the first posts about this memo actually came from the NFL.
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Some of you may recall that when Gene Upshaw passed away suddenly just before the beginning of the Players Inc. trial and the NFLPA subsequently went through a long search process for a new Executive Director. Among some of the leading candidates were retired player Troy Vincent and attorney David Cornwell. DeMaurice Smith emerged as the winner much to the surprise of many people. Cornwell takes issue with Smith’s version of his successes in running the PA and the CBA negotiations, as well as how he’s kow-towed to the League on player discipline issues. Most retired players could add at least another 11 pages to your letter, Mr. Cornwell!
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Cornwell takes issue with NFLPA leader Smith in 11-page letter

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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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Larry Kaminski has been keeping us updated on his battle against the Denver Broncos filed in California under their Workers Compensation laws. The Broncos current ownership is trying to have their case heard and dismissed in Federal Court based on their claim that when they bought the team, they only acquired the assets and not the liabilities (yes, just when you don’t think it can get any dumber). Read the earlier post – click HERE.
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Here’s a short update from Larry for those of you also going through Workers Compensation cases or considering that as an option:
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Fellow Independent Retired Players:
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EDITOR’S NOTE: Dave has been talking with Bette Schwager over the past few weeks about her treatment (or mistreatment) at the hands of the NFLPA and the Players Assistance Trust (PAT). We asked her to write the story in her own words so that our readers can understand just a little of the senseless treatment she and her family have been put through by the NFLPA and their so-called assistance programs this past year. Bette’s husband, Bruce, had played football at the Merchant Marine Academy before being drafted by the Chicago Cardinals in 1955. The Cardinals refused to take him off their reserve list even as he went in to service with the Navy from 1956 – 1958. So Bruce became another one of the pre-’93 players (pre-’72!) who was actually on the roster and vested with enough years but never granted vesting. You can read the full story from Alan Schwarz in his June 2011 New York Times article – click HERE. We’ve also posted a copy of the 2-page Release Letter that the NFLPA tried to get Bette to sign after Bruce passed away before he was to be evicted from his dementia care facility because the NFLPA stopped paying his bill. After you read Bette’s story and the Release Letter, you’ll understand why we’ve been cautioning everyone to be extremely careful of signing anything from these people without close scrutiny and advice. continue reading »

You would think that the NFLPA would have learned by now that any time they let attorney Jeffrey Kessler into a lawsuit, they may as well count on things taking longer and costing more. In case there are still some of you out there who aren’t familiar with Kessler, he represented the NFLPA in the Player’s Inc. lawsuit when retired players sued the union and their “Licensing Arm” for past video game royalties that the Union had intentionally defrauded from its players for years. Kessler and his firm were paid handsomely for losing the case that awarded $28 million+ in royalties and damages awarded to the players. And his brilliant answer to losing the case before then-newly-appointed Executive Director DeMaurice Smith (and white collar crime attorney) decided to settle the case? Appeal.
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So then Kessler gets into the middle of the NBA lockout to “represent” the players and that drags into basketball season. Here’s a recent article from ProFootball Talk that pretty much sums up what everyone thinks of Kessler: Click HERE.
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The question we have to ask is: What have they got to hide? Or more to the point: What does Kessler personally have to hide? In any problem, you’re either part of the solution or you’re part of the problem. We think Kessler and his group ARE the problem.
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So last week on Dec. 2nd after much posturing from both sides, Judge Susan Nelson allowed a Motion to seal all further filings and proceedings in the current class action suits filed against the NFLPA, Tom Brady, Mike Vrabel and DeMaurice Smith.
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We’ve uploaded Judge Nelson’s order along with the pleadings from both sides to Scribd for easy viewing and to make it downloadable for printing.) Shawn Stuckey’s detailed arguments and the attached Exhibits make for some good reading. Great job, Shawn!) 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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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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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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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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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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