CALIFORNIA WORKERS’ COMPENSATION BRAIN INJURY CLAIMS
It may be possible to file a workers’ compensation brain injury claim even if you resolved an orthopedic claim years ago.
Former players may be eligible to file brain injury workers’ compensation claims in California even if they have already resolved an earlier workers’ compensation claim if that earlier claim did not include a neurological evaluation. In order to inform you of this possibility, I have asked my current attorneys, All Sports Law (“ASL”), to respond to some questions. ASL represents me in a brain injury only workers’ compensation claim. I have been evaluated by a neurologist, cognitive specialist, and had a SPECT Scan of my brain. The questions are posed to Charles Mix of ASL.
Q: How is it now possible to file a separate workers’ compensation claim for injury to my brain?
A: The California Second District Court of Appeals issued a decision that permitted a former player to file a brain injury only workers’ compensation claim even though he resolved his earlier claim in 1986. The player’s earlier claim did not include a neurological evaluation. The Court likened brain injuries to asbestos injuries: the injurious exposure takes place over a long period of time, but the symptoms may not surface until many years later.
Q: Can a player pursue a brain injury workers’ compensation claim if the player is also a part of the NFL Concussion litigation?
A: Yes. The claims are separate.
Q: Are there any restrictions as to who may file a claim?
A: Yes, there must be a California connection. That connection may exist if the player was employed by a California team, or agreed to his contract while in California, or, possibly, if the player had a California agent. We would not have an opinion as to whether a player is eligible unless we interviewed the player so players who are part of your network should not rely on the limited information in this letter when deciding whether or not to look further into the topic. We encourage any former player to contact us to obtain a more thorough analysis.
Q: Is your firm accepting more clients for these type of claims at this time?
A: Yes. We would be pleased to give a free consultation or players may wish to contact their own attorneys to discuss their possible rights. You can find our website at: www.AllSportsLaw.com where you may submit a brief inquiry form and expect a call or email very soon thereafter; or, call us at 949-542-7878 to learn more.