Courts of Appeal
Litigation: Personal Injury; Employment

Gulf Insurance Co. v. Hennings
Waco- 7/11/07 - 10-06-00192-CV
Justice Vance

Workers' compensation. Athlete was not entitled to workers' compensation benefits.

This is a case of 1st impressions. D was a defensive lineman for the Dallas Cowboys Football Club, Ltd., from 1992 though March of 2001. In October 2000, he suffered a neck injury during a game, sustaining an injury to his spinal cord at the C3-4 level. In November 2000, he underwent surgery for cervical fusion. Upon release from the hospital, D was required to wear a neck brace for 6 weeks and was unable to play for the remainder of the season. He decided to retire in June 2001. He continued working with a physical therapist 8 weeks after he was released from Dr. Dossett's care upon his retirement. The team paid his medical expenses of $38,921 and, at the time of trial, D had not seen a doctor in two years. On March 7, 2001, the Cowboys terminated D's contract and D received two payments afterwards: $87,500 as severance pay and $225,000 as provided by the "injury-protection clause" of the NFL Collective Bargaining Agreement. Because D believed that he is entitled to lifetime medical benefits under the Workers' Compensation Act, medical benefits having expired when his employment contract with the Dallas Cowboys was terminated, D filed an application for compensation benefits, which P-workers' compensation carrier appealed all the way to district court. A jury found that D was disabled as a result of a compensable injury and that the benefits available under his contract and collective bargaining agreement were not equal to or greater than the benefits available under the Act. P appealed the award. Held: Reversed and rendered that D take nothing from P-carrier. A professional athlete who accepts the benefits available under his contract or collective bargaining agreement cannot recover under our compensation law.
 

State Bar of Texas Civil Digest
August 1, 2007