Sunday, April 21, 2013

Workers comp battle involving professional athletes comes to Fresno

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 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.

Zack Follett

?Because I played for Detroit, they?re saying that I do not have a right to file in California, even though I am a native here and I did play games here,? Follett said.

Follett played one season and part of a second for the Lions before suffering a career-ending neck injury in 2010 in a game against the Giants played at Giants Stadium in New Jersey. During his National Football League career, he played one game in California ? Dec. 27, 2009 vs. the San Francisco 49ers.

A workers compensation insurance claim has been filed by Follett in California against the Detroit Lions for his future medical care and disability compensation.

Friday?s location was chosen because it was outside the downtown Fresno office of Assembly Member Henry T. Perea, a Fresno Democrat who is the sponsor of Assembly Bill 1309.

The bill would deny California benefits to professional athletes in baseball, basketball, football, hockey and soccer whose teams are not California-based and who only played occasionally in the state during their careers.

A hearing on the bill is scheduled Tuesday before the Assembly Insurance Committee, which Perea chairs, said Steve Hopcraft, who represents opponents of the legislation.

Henry T. Perea

Those opponents claim it is an effort by ?billionaire NFL owners? to get out of paying its players for injuries suffered during their playing years. They say owners are now aware that the long-term costs could be significant because of brain trauma that leads to diseases such as dementia and Alzheimer?s disease.

?AB 1309 is a bill written by some of the richest individuals in this country ? billionaires, multi-multi millionaires who own NFL teams and other major sports league franchises,? Hopcraft said.

In a statement released Friday afternoon, Perea said:

?The question isn?t whether Zack Follett or any former professional athlete should be able to file for workers? compensation benefits ? because they absolutely should. The question is where.?

Perea said he was ?sympathetic to Zack?s story.?

But, he added, ?we need to set some clear and minimal standards for professional athletes because California teams and California businesses can?t continue to foot the bill for thousands of claimants who didn?t work here and weren?t specifically injured here.?

Perea also said that Follett, in particular, wouldn?t be affected by AB 1309, whether it passes or not. The reason, Perea said, is that ?the courts have already decided that players who sign contracts with enforceable ?choice of forum? provisions, as Zack did, are already required to file in the employer?s home state. He?s obligated to file in Michigan.?

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Tagged as: brain injury, California Legislature, Henry T. Perea, National Football League, NFL, workers compensation, Zack Follett

Source: http://news.fresnobeehive.com/archives/2296

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