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Wiesner English, P.C., Proud Supporters of Bay Area High School Athletics
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Best Workers’ Compensation cases in Sports
Arena Football Team Claims Active Player is Not an Employee
In the case of Gray v. Arena Football League, the AFL created trouble for themselves by choosing to be uninsured in California. Given this choice, the players team, the San Jose Sabercats, argued fruitlessly that the team was merely a marking arm of the AFL and not Mr. Gray’s employer. They claimed their only employees were game day merchandise and food vendors, announcers, coaches, etc. The Sabercats claimed that Mr. Gray was an independent contractor. In finding the Sabercats and AFL to be joint employers (for the purposes of workers’ compensation coverage) the WCAB held that many of the Borello factors (employee v. independent contractor test) were met as the Sabercats directed his practice time, playing time, provided his uniform, etc. You know, all of what is required to be employed by a football team…
State of Illinois Tries and Fails to Discriminate against Athletes
Proposed senate Bill 12 attempted to shorten long term lost wage benefits (available to all other employees in the state) for athletes who suffer career ending injuries. Specifically, the proposed bill would have reduce the maximum age at which professional athletes can receive permanent disability benefits. The reduction would have been from 67 years old down to 35 years old. In a rare show of teamwork between the leagues, the MLB and NFL were able to lobby against the bill. Ultimately, the bill was thrown out after getting stuck on the senate floor until that legislate session concluded.
NFL Teams want Home Field Advantage, State of California makes them Play of the Road
A number of NFL teams (the Cincinnati Bengals and Miami Dolphins to name a few) attempted to sue in their home courts to have California Workers’ Compensation awards vacated. Unfortunately for them, the referees (ah hem, the United States Supreme Court) have addressed this issue a number of times before. In ruling against the teams, the SCOTUS cited the concept of state sovereignty. In addressing this issue, California workers’ compensation judge Robert E. Drakulich wrote, “[s]imply put, if you choose to do business in California, you become subject to California jurisdiction.” I guess we’ll continue to see home games in California.
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