In previous posts, we have discussed how many former National Football League (NFL) players are now attempting to file work comp claims in outside states where they purportedly suffered game-related injuries. Why? Simply put, the workers compensation benefits in these states are often more generous than those awarded in the team's home state.

To illustrate, a former player for the Cleveland Browns may claim that he suffered a knee injury during a game against our San Diego Chargers two years ago, and attempt file a work comp claim here in California, where the payout for work comp benefits is generally higher.

Interestingly, three former players with the Chicago Bears attempted to do just this, but had their work comp claims rejected by an arbitrator and then a federal judge.

In 2009 and 2010, Cameron Worrell, Joe Odom and Michael Haynes all filed work comp claims under the California Workers' Compensation Act for injuries sustained while they were with the Chicago Bears.

However, both the NFL and the Chicago Bears contested this action and filed a grievance stating that the players pursuit of workers' compensation benefits in California constituted a violation of their respective contracts, which indicated that all work comp matters were subject to the laws of Illinois.

The matter then proceeded to arbitration.

Here, the arbitrator ultimately sided with the NFL and the Chicago Bears, holding that the players were indeed subject to Illinois law and must therefore file any work comp claims there.

In April 2011, Worrell, Odom and Haynes - along with the National Football League Players Association (NFLPA) - subsequently filed a motion to vacate the arbitrator's award in a federal district court in Illinois, while the Chicago Bears and the NFL filed a motion to enforce the arbitrator's decision.

In an order handed down just last month, the presiding federal judge - acknowledging her limited power to review the arbitration award - ultimately sided with the Bears and the NFL, finding the public policy arguments of the players to be unpersuasive and perhaps misguided.

It remains to be seen how many more former NFL players will seek to secure work comp benefits here in California ...

Stay tuned for further updates from our San Diego workers' compensation firm ...

This post was for informational purposes only and is not to be construed as legal advice.

Related Resources:

Courthouse News Service "No California Workers' Comp for Former Bears" Sept. 28, 2011