Suing for Job-related Dementia
Print
EmailA case in California is shaping up as a test of whether employers are liable for the dementia that is striking retired employees who sustained head injuries during their careers.
The details of the case are carefully spelled out in a lengthy Page One story in The New York Times by sports writer Alan Schwartz, whose aggressive coverage of the NFL-concussion issue has been submitted for a Pulitzer Prize. The mounting evidence draws a compelling connection between repeated hits to the head and the onset of dementia decades later.
His wife, Dr. Eleanor Peretta, filed a workman’s compensation claim on her husband’s behalf in California.
Their lawyer likens football head trauma to asbestos exposure, because both are a workplace danger and the resulting chronic illnesses can take up to 40 years to manifest.
Retired pro athletes have been filing claims for some time for injuries such as injured shoulders and knees that they sustained decades ago. For example, under California law, any pro athlete who played even one game in the state “is eligible to receive lifetime medical care for their injuries from the teams and their insurance carriers,” according to The Times. Right now, some 700 former NFL players have filed claims in California, and they can expect to get settlements of anywhere from $100,000 to $200,000.
The detailed story centers of the case of Ralph Wenzel, who was a NFL lineman from 1966 to 1973. He was diagnosed with dementia when he was 67.
Wenzel’s case is significantly different, and could be precedent-setting. That’s because it is blaming Wenzel’s former employment as a football player for his devastating onset of dementia.
The case could be worth over $1 million for Wenzel and his wife, and could also result in the NFL being held liable for similar awards from retired players who have developed Alzheimer’s disease. The potential settlements could add up to $100 million or even more, according to The Times.
The looming issue scared the Arena Football League, which just resumed operations, enough that it decided not to have a franchise in California. Schwartz writes, "Officials already are considering decreased contact in practice and forbidding linemen from using the three-point stance." He goes on to say that even if Wenzel’s claim fails, a successful one is almost inevitable at some point.
Tony Baroldi, a lawyer in Santa Ana who handles more than 100 claims a year for insurance companies who cover NFL teams, said that a flood of claims was surely coming.
Related Videos & Articles
![Football game, head-on collission](http://alzheimersweekly.com/sites/default/files/imagecache/100w/image/article/2010/600a_0.jpg "New York Jet Mark Sanchez got the "TD" against the Titans, but what about that HUGE blow, OWW, to the head there!")
More Information
Source:
The Wall Street Journal Law Blog
.
