As you know, the Governor has yet to sign AB 1309 (the proposed bill to end all workers’ compensation for athletes in California) into law because the bill is still in committee. The good news is that the bill in its current form has removed the retroactive portion (the portion that would eliminate all cases). However, as written, the bill will eliminate any new filings after January 1, 2014.
It is our opinion that the bill does NOT require the NFL to give notice to all players this new bill would impact. In other words, if a player is eligible to file, the NFL should be required to give that person notice of his rights to file before the new bill is passed. This notice requirement, in our opinion, is necessary to satisfy a player’s Due Process rights. Therefore, players who are in need of medical help should take this opportunity to file their claim before January 1, 2014, because if a claim is not filed before January 1, 2014, the player will be forever barred.
This leaves approximately 5 months to file a claim for benefits. It is critically important for those players who have been injured and would like to file a workers’ compensation claim to contact our office so we can assess your case.
Please forward this email to ALL PLAYERS that you know so they are aware of the pending bill and their rights. The bill does not require the NFL to satisfy players’ Due Process and notify them that their rights could be substantially affected.
The bill will most likely go to the Governor for signing after some “adjustments”, but it will contain language that ends all workers’ compensation benefits for player in almost all instances after January 1, 2014. We will continue to monitor the bill’s progress and keep you updated.
Thank you again for your continued efforts and support to protect players’ benefits. Please feel free to contact our offices at 949-452-0700 if you have any questions. You can also find me on Twitter, Facebook and LinkedIn.