Stop AB 1309 Updates

Stop AB 1309

 

 

Compilation of Activities regarding AB 1309 Workers' Compensation: Professional Athletes

 

 

Assembly Insurance Committee Passes AB 1309 (Perea) and now it goes to the Floor

04/25/2013 - Sacramento, CA – Members of the Assembly Insurance Committee today threw a big downfield block for some of the richest individuals in the U.S. today, passing AB 1309 (Perea), sponsored by the NFL and other sports team owners. AB 1309 aids pro sports team owners, especially those from outside California, to avoid workers’ compensation insurance claims from injured players.

The owners, who for decades denied that football caused brain and other injuries, seek to cut off access to medical care and disability compensation. California is one of a few states where injured players can even file a claim against their team for past injuries. The pro sports teams seek to close off that avenue to players, even many from California.

Relying on misrepresentations and misinformation, the committee approved AB 1309 after allowing just 10 minutes for opponents to describe the problems in the bill.. The committee’s author claims the basis for the bill is that cases where NFL teams’ insurers have gone bankrupt, and these claims are referred to the California Insurance Guarantee Association – CIGA – that addresses all claims filed against bankrupt insurers. AB 1309’s remedy for this is to cut off injured players’ claims.

 

Date Type File  Link / Description
09/06/2013 Release download press releasea

Bill Insulates Wealthy NFL Teams From Liability for Past Head Injuries FOR IMMEDIATE RELEASE: Friday, September 6, 2013  AB 1309 is the opening salvo in an attack on a worker’s right to be compensated for cumulative injuries suffered on the job. It changes decades of legal precedent that allows out of state workers who are hurt while working in California to file in California for worker compensation benefits. Worst of all it applies retroactively to  ...

05/17/2013 Release download press releasea

REVIEW OF MILLIMAN, INC. REPORT:

Analysis of Gross Ultimate Loss and Allocated Loss Adjustment Expense from California Based Cumulative Trauma Claims.  A recent report that estimated the cost to California employers of cumulative injury claims filed by professional athletes contains a fundamental flaw that completely invalidates its findings. The report examined the cost of "California cumulative injury claims" filed, and expected to be filed, by athletes who played for professional sports teams during the last 30 years. According to this report, the estimated expected cost of these claims in 2011 was $82.1 million. The report concludes that if this figure were included in the most recent workers’ compensation insurance rate filing, the California pure premium would be higher by approximately 1.3%..

05/06/2013 Article  

Pro athletes who shop for workers' comp
In recent years, California has become a favorite venue for workers' compensation claims by athletes with only tenuous ties to the Golden State. Many former pros have won six-figure awards for injuries built up over time even though they've never lived or worked in the state, except to train or play the occasional game here.

05/06/2013 Article  

Bill Limits California Workers’ Comp For Pro Athletes
Professional athletes who spent most of their careers with teams in other states would no longer be able to file workers’ compensation claims in California under a bill that has passed the state Assembly.

05/06/2013 Article  

League decries “rampant abuse” of California workers’ compensation system
Earlier today, we shared some tidbits from an internal NFLPA memo regarding player opposition to a bill that would make it much harder for pro athletes to obtain workers’ compensation benefits via the state of California. Based on the union’s perspective, it appears that California plans to go too far to close a loophole that has allowed players to recover benefits based on tenuous connections to California.

05/06/2013 Article  

19 NFL stars seek worker's comp Out-of-state players want California benefits
These former National Football League players are among dozens that have sued the NFL Management Council and some of their old teams. The players say they should be able to claim benefits under California's generous worker's compensation law. The slides count down to the top paid, using the USA Today sports salaries database.

04/30/2013 Article  

Stop A.B. 1309: Because Professional Athletes Deserve Workers' Comp, Too 
There is no question that the game of football is dangerous. NFL players get injured on the job?so many that an ?injury report? section is ubiquitous in our sports page. In fact, a study run by the National Institute for Occupational Safety and Health (NIOSH) found that the risk of death associated with neurodegenerative disorders is about three times higher among NFL players than the rest of the population.
AFLCIO.org

04/30/2013 Article  

NFL Players Say Contract Overrides Workers' Comp Laws
The NFL Players Association on Monday asked a New York federal court to declare that its collective bargaining agreement with the league trumped state laws when it came to calculating how much of injured players' workers' compensation payments teams can collect to offset those sidelined players' wages.
4/30/2013: Law360.com

04/29/2013 Article  

NFL profits from violence, so is it liable to brain-injured retirees?
On Thursday night, professional football teams will hold their annual draft of college players. For the young men who are selected, the draft will be a dream realized, the culmination of years of hard work and hard knocks. But before they sign their million-dollar contracts, they might want to have a look at a photo taken earlier this month.

04/29/2013 Article   California: NFL players protest proposal to end out-of-state comp claims Legislation that would largely block out-of-state professional athletes from seeking workers' comp benefits in California is gaining ground on both sides. Key leaders of both political parties signed on to the bill as former professional football players protested the measure.
04/25/2013 Blog  

AB 1309 SURVIVES COMMITTEE VOTE 
The debate about how California should deal with claimed injuries of professional athletes continues to heat up. Today AB 1309 survived a vote in the Assembly Insurance committee. Most Democrats on the committee joined with Republican supporters.
4/25/2013: Julius Young, WorkersCompZone

04/25/2013 Article  

2nd Circ. Reopens NFL Workers' Comp Dispute
The Second Circuit on Friday allowed injured NFL players to file a new suit to determine whether state law can trump their contracts with their clubs in a dispute over the amount of state workers' compensation the clubs can collect after paying the injured players' salaries.
Law360.com

04/25/2013 Article  

Brad Johnson paying physical price for long NFL career
Brad Johnson took countless hits in a long NFL career, and says he never thought about the physical toll on his body -- but now, at age 44, he deals with it every day ATHENS, Ga. -- Brad Johnson's plan for this April day is a light one  tutor a young quarterback on throwing mechanics in the afternoon, have dinner with his family in the evening.
USA Today

04/25/2013 Article  
Pro sports leagues win legislative round on workers' comp
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California Assembly Insurance panel approves a bill to limit the ability of out-of-state players to file for workers' comp benefits. SACRAMENTO — A full-court press by professional sports leagues to limit the ability of out-of-state players to file for workers' compensation benefits in California scored big in a crucial first vote by state lawmakers. Los Angeles Times    

04/22/2013

Article  

Athletes Protest Workers' Comp. Amendment
A new bill that would limit professional athlete's ability to collect workers' compensation in California, is meeting opposition from a retired Central Valley player. Clovis resident, and former Detroit Lions linebacker, Zack Follett, is leading the protest against Fresno Assemblyman Henry T. Perea's AB-1309.

04/22/2013 Article   Follett: NFL owners 'caught up in a greed' 
Clovis native and former NFL linebacker Zack Follett spoke of the injury that ended his career and said Assemblymember Henry T. Perea's proposed workers compensation bill stems from the greed of the NFL owners. The Business Journals
 
04/22/2013 Article   Ex-NFL player Zack Follett brings workers' comp battle home 
The pitched battle over proposed legislation that would limit the ability of professional athletes in other states to file workers' compensation claims in California came to Fresno on Friday afternoon. Zack Follett, a Clovis High graduate who went on to play football at Cal and then professionally for the Detroit Lions, was the featured speaker. Fresno Bee
 
04/22/2013 Article   Perea responds to Follett press conference 
Assemblymember Henry T. Perea has responded to statements made by Zack Follett, a Clovis resident who played for the Detroit Lions from 2009-2011.The Business Journals
 
04/22/2013 Article   Former NFL player to protest Perea bill Fri. 
Zack Follett, Clovis resident and former Detroit Lions linebacker, is planning a press conference in Fresno tomorrow to protest a bill that would restrict professional athletes from collecting workers' compensation benefits in California. The Business Journals
 
04/19/2013 Release a Release Stop AB 1309 FRESNO, CA - Clovis resident Zack Follett, a former Detroit Lions linebacker who would be barred by AB 1309 (Perea) from even filing a claim against the Lions' workers' compensation insurance carrier in California
04/18/2013 Release a

Release AB 1309 A Giveaway to Billionaires AB 1309: An Unwarranted Workers' Compensation Insurance Exemption for a Special Interest AB 1309 (Perea) shifts NFL owners' injury costs to taxpayers, aiding billionaires in avoiding responsibility for players' injuries, including dementia, Alzheimer's, Lou Gehrig's disease

04/18/2013 Media Advisory a

Advisory Fresno PC No AB1309 Media Advisory for April 19, 2013. Clovis Athlete Zach Follett to ask Assem. Perea: Why help Detroit Lions deny care for my injuries? AB 1309 takes side of billionaire owners vs. players

04/18/2013 Article  

AB 1309: An Unwarranted Workers' Compensation Insurance Exemption AB 1309: An Unwarranted Workers' Compensation Insurance Exemption for a Special Interest AB 1309 (Perea) shifts NFL owners' injury costs to taxpayers, aiding billionaires in avoiding responsibility for players' injuries, including dementia, Alzheimer's, Lou Gehrig's disease

04/16/2013 Article  

NFL Players Criticize Bill That Would Limit Their Workers' Comp Filings

On Monday, the National Football League Players Association held a press conference in Sacramento to criticize a bill (AB 1309) that would limit the ability of out-of-state players to file for workers' compensation in California, the Sacramento Bee's "Capitol Alert" reports.
04/16/2013 Article   NFL players speak out against Perea's workers comp bill 
Legislation that seeks to limit the ability of professional athletes in other states to file workers compensation claims in California is meeting push back from the National Football League Players Association, which held a press conference on the Capitol steps today denouncing Assembly Bill 1309.
04/15/2013 Article   Brain Disease and the N.F.L.
More than 4,000 retired players are suing the National Football League for failing to protect players from chronic risks of head injuries routinely inflicted in professional football games and then willfully concealing those risks from players. In a brief summarizing the players' position, lawyers say that serious head injuries cause neurocognitive decline, permanent mental disability, and even death.
04/12/2013 Release Press Release Dirk Stemerman AB 1309 In case you missed it... Just months after California politicians credited themselves with "reforming workers' compensation, they're back again with Assembly Bill 1309, which aims to stop some professional athletes from receiving workers' compensation benefits in California. By Dirk Stemerman On the Job Originally Published Thursday, April 11, 2013
04/10/2013 Article   Ex-players call NFL brain-injury panel a 'sham'
Former NFL players trying to sue the league over concussion-linked injuries argued in court Tuesday that the NFL "glorified" violence and profited from damaging hits to the head. Players' lawyer David Frederick also accused the league of concealing the emerging science about concussions over several decades, even after creating a Mild Traumatic Brain Injury committee in 1994.The Sacramento Bee
 
03/27/2013 Article   Three NFL workers comp lawsuits consolidated in California
Three lawsuits from former National Football League players who are seeking California workers compensation benefits have been consolidated in U.S. District Court in San Francisco after a request from the NFL and several teams.Business Insurance
 
02/28/2013 Article   Ex-NFL Players Sue Over California Workers Comp Ban
Larry Centers and Troy Vincent were among more than 60 former National Football League players suing the organization's management council to overturn an arbitration decision that bars them from seeking workers compensation in California. Bloomberg
 
02/26/2013 Blog  

Why Chip Away at Work Comp? Let's Just Get Rid of It 
California Assembly Insurance Committee Chairman Henry Perea (D-Fresno) introduced AB 1309 late Friday, February 22. AB 1309 seeks to exempt professional athletes that are temporarily in California from coming under the state's jurisdiction for workers' compensation benefits.
2/26/2013: http://daviddepaolo.blogspot.com/

02/15/2013 Blog   Loophole lets NFL players file for workers' comp in California
It is no secret that the job of professional football player is one ripe with injuries over the course of a player's career. The number of concussions and subsequent lawsuits related to those concussions is seemingly endless. One California attorney who himself is a former NFL player represents more than 1,000 retired professional players in their quest to obtain workers' compensation benefits from employers in the state of California.
 
02/6/2013 Blog  

COMPOUNDING 
As concerns increased in the past few years about medical costs and the trends that drive those costs, compound drugs have been a focus. After the costs of compound drugs was examined in several studies, the California legislature moved to control those costs. AB 378 , enacted in 2011 and effective as of 2012, revised pricing reimbursements for compound drug ingredients. Further, AB 378 clarified that compound drugs are subject to self-referral prohibitions.
Julius Young, WorkersCompZone

12/20/2012 Article   Former Players Sue NFL Over Workers Comp Ruling
Dozens of former NFL players claim in court that an arbitration award barring them from seeking workers' compensation in California "offends" state public policy and ignores Supreme Court precedent. Courthouse News Service
 
06/7/2012 Article  

Concussion Suits Against NFL Consolidated
More than 80 lawsuits representing approximately 2,000 former NFL players have been consolidated into one master suit accusing the league of hiding information about the risks associated with concussions. According to the suit, the NFL knew for years about the neurological risks associated with football, but only recently implemented policies to help keep players safe. Among those in the suit is the widow of former safety Ray Easterling, who committed suicide in April and suffered from dementia, thought to have been caused by head injuries sustained during his pro career.
Reuters