Three bills that could tighten the way the New Orleans Saints and other professional sports franchises in the state pay workers' compensation benefits to injured players are scheduled to be heard in a House committee today, with representatives from the National Football League and the NFL Players Association expected to attend. Players association lobbyist Alton Ashy said he also...
Three bills that could tighten the way the New Orleans Saints and other professional sports franchises in the state pay workers' compensation benefits to injured players are scheduled to be heard in a House committee today, with representatives from the National Football League and the NFL Players Association expected to attend.
Players association lobbyist Alton Ashy said he also expects retired football players, possibly former Saints, to be on hand when the hearing for the bills kicks off at 9 a.m., before the House Committee on Labor and Industrial Relations.
Ashy would not say which players might testify. "It should be a classic (labor-management) matchup," he said.
Rep. Cameron Henry, R-JeffersonHowever, both the players union and Rep. Cameron Henry, R-Jefferson, the sponsor of the bills, said the two sides were talking compromise to avert the need for legislation.
"You always want a compromise," Henry said.
The three bills are fairly arcane measures dealing with changes in the ways professional sports teams in the state pay workers' compensation benefits to injured players.
Henry said he filed the bills at the request of the Saints, whose Airline Drive headquarters are in his district,.
"If another business asked me to file legislation to benefit them, I'd do it," he said.
In a summary of the bills prepared for the labor panel by Saints lobbyist Randy Haynie, House Bill 1076 would codify in law the rulings from two state circuit courts of appeal on how an injured player's workers' compensation is figured.
Henry said the bill would limit an injured player's payments based on whether he made the roster and when the accident happened.
The bill states that if the player is under contract and is injured in the regular season, the athlete's weekly wage is determined by the contract in force at the time of the injury.
If the player is hurt and is not on the "official club roster during the regular season and is injured in the off-season or pre-season," the benefits must be calculated based on the off-season or pre-season wages.
Henry said the bill would prohibit a player from seeking compensation based on the salary he would have earned if he made the roster at a specific position.
Henry said his House Bill 1097 would require a player who sustains a work-related injury while playing a road game to be subject to benefits under Louisiana law.
Henry said under existing practice, a player who has not suited up in years could file a claim for workers' compensation in California if he played there just once -- alleging the injury was incurred in California, a state with more liberal workers compensation laws.
"Without the proposed law," Haynie's background sheet stated, "we will continue to see Louisiana professional athletic clubs to be exposed to unreasonable liability."
The white paper stated that the Saints "have seen an increase in California claims (grow) from five in 2004 to 20 in 2008 and escalating to over 40 in 2009. ... As a result, even a former professional athlete can bring a claim today for an injury he allegedly received 35 years ago in California."
Henry's third bill, House Bill 1098, would reduce a player's compensation benefits "on a dollar-for-dollar basis" if the athlete receives other benefits, such as termination pay or catastrophic disability benefits.
Henry said that means if a player was scheduled to be paid $500,000 in salary and receives workers compensation or other pay for injuries totaling $200,000 the franchise would only have to pay the $300,000 difference.
NFL Players Association general counsel Richard Berthelsen said that is a violation of the collective-bargaining agreement between NFL players and owners.
"We already have an agreement, and this is an attempt to do an end run on the collective-bargaining agreement," he said. "The owners have made a deal with the players. This abrogates that agreement."
The bargaining agreement has been in effect since 1993 and is scheduled to expire next year.
Henry said Sen. Danny Martiny, R-Kenner, has the same bills for the Saints pending in a Senate committee.
Ed Anderson can be reached at eanderson@timespicayune.com or 225.342.5810.