By Cary O'Reilly
Dec. 14 (Bloomberg) -- The National Football League's retirement plan wrongfully denied disability benefits to the late Hall-of-Fame center Mike Webster and must pay his estate, a federal appeals court said, upholding a lower court ruling.
Webster, who anchored the Pittsburgh Steelers' offensive line from 1974 to 1988 as the team won four Super Bowl championships, died in 2002 at the age of 50. He suffered brain damage from head injuries sustained during his 17-year career and was homeless during some of the 1990s, sleeping in his car and at a Pittsburgh bus station, according to court papers.
The U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia, on Dec. 13 affirmed a Baltimore federal judge's 2005 ruling that the league's retirement plan must pay benefits reserved for players whose disabilities began while they were still playing football.
``This is a big win for Mike's children, who deserve a fair accounting from the NFL for the injuries their father suffered,'' lawyer Cy Smith of Zuckerman Spaeder in Baltimore, who represented the estate, said in a statement.
The unanimous ruling will result in the award of at least $1.5 million to $2 million to Webster's estate, and sets a precedent for other players who have argued that the league's Bert Bell/Pete Rozelle NFL Player Retirement Plan is unfairly restrictive in paying disability benefits, Smith said.
Lawyers for the plan argued that the onset of Webster's permanent disability occurred after he retired from the league in 1991, entitling him only to reduced benefits.
Brain Damage
Webster was diagnosed with brain damage in 1998, court documents show. Unable to work, he applied for assistance from the retirement plan and was awarded ``degenerative'' benefits worth about $600,000. After Webster died, his family went to court to get higher ``active'' benefits.
``The court overruled the unanimous decision of all six of the trustees of the plan, who spent a number of years'' considering Webster's application, said Douglas Ell, an attorney at Groom Law Group in Washington, who represented the league plan. He said he didn't know whether the plan will appeal.
The lower court case is Jani v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan, 04cv816, U.S. District Court, District of Maryland (Baltimore). The appeal is Jani v. Bert Bell/Pete NFL Player Retirement Plan, 05-2386, U.S. Court of Appeals, Fourth Circuit (Richmond, Virginia).
Last Updated: December 14, 2006 11:40 EST
Dec. 14 (Bloomberg) -- The National Football League's retirement plan wrongfully denied disability benefits to the late Hall-of-Fame center Mike Webster and must pay his estate, a federal appeals court said, upholding a lower court ruling.
Webster, who anchored the Pittsburgh Steelers' offensive line from 1974 to 1988 as the team won four Super Bowl championships, died in 2002 at the age of 50. He suffered brain damage from head injuries sustained during his 17-year career and was homeless during some of the 1990s, sleeping in his car and at a Pittsburgh bus station, according to court papers.
The U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia, on Dec. 13 affirmed a Baltimore federal judge's 2005 ruling that the league's retirement plan must pay benefits reserved for players whose disabilities began while they were still playing football.
``This is a big win for Mike's children, who deserve a fair accounting from the NFL for the injuries their father suffered,'' lawyer Cy Smith of Zuckerman Spaeder in Baltimore, who represented the estate, said in a statement.
The unanimous ruling will result in the award of at least $1.5 million to $2 million to Webster's estate, and sets a precedent for other players who have argued that the league's Bert Bell/Pete Rozelle NFL Player Retirement Plan is unfairly restrictive in paying disability benefits, Smith said.
Lawyers for the plan argued that the onset of Webster's permanent disability occurred after he retired from the league in 1991, entitling him only to reduced benefits.
Brain Damage
Webster was diagnosed with brain damage in 1998, court documents show. Unable to work, he applied for assistance from the retirement plan and was awarded ``degenerative'' benefits worth about $600,000. After Webster died, his family went to court to get higher ``active'' benefits.
``The court overruled the unanimous decision of all six of the trustees of the plan, who spent a number of years'' considering Webster's application, said Douglas Ell, an attorney at Groom Law Group in Washington, who represented the league plan. He said he didn't know whether the plan will appeal.
The lower court case is Jani v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan, 04cv816, U.S. District Court, District of Maryland (Baltimore). The appeal is Jani v. Bert Bell/Pete NFL Player Retirement Plan, 05-2386, U.S. Court of Appeals, Fourth Circuit (Richmond, Virginia).
Last Updated: December 14, 2006 11:40 EST


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