A federal judge from the District of Maryland has held that the National Football League’s (NFL) pension plan violated federal law by refusing to pay higher disability benefits for a retiree’s brain injury. Specifically, the court ruled that the NFL’s pension plan had “no evidence” to refuse the higher benefits owed to plaintiff Jesse Solomon.
Solomon began his career as a linebacker for the Minnesota Vikings in 1986 and played for six teams, finishing his career with the Miami Dolphins in 1995.
Following his NFL career, Solomon completed a Master’s degree program at Florida A&M University, obtained a Florida teaching and coaching certificate, and worked, starting in 2001, as a high school football coach and physical education instructor. But, as time passed, he suffered increasingly from chronic headaches, joint problems, depression, and anxiety.
In 2005, an MRI of Solomon’s brain revealed abnormalities that his physician, Dr. Hudson, opined were “most likely a result of multiple high velocity impacts in a helmet-to-helmet fashion and chronic concussion syndrome.” In 2007, Solomon was forced to resign from his high school teaching and coaching job because of changing behaviors, namely that he kept “losing his cool.” He has been unemployed ever since.
Furthermore, on October 29, 2008, an Occupational Therapist, Brian Matuszak, opined that Solomon was totally and permanently disabled (TPD), noting:
“Mr. Solomon is not able to perform even SEDENTARY level of work secondary to his inability to sit greater than 10 minutes at one time without change in positioning, stand for greater than 2-3 minutes at one time and walk for greater than 10-15 minutes at one time, poor concentration requiring frequent redirection secondary to his focus on pain which inhibits vocational productivity, poor overall endurance inhibiting ability to maintain basic positional tolerances and sustain concentration to perform sedentary tasks over a full workday.”
Similarly, the Social Security Administration (SSA) recognized, in 2008, that he was TPD.
In 2010 and 2011, his psychiatrist and a physician chosen by the Bert Bell/Pete Rozelle NFL Player Retirement Plan and the NFL Player Supplemental Disability Plan (collectively referred to as “the Plan”) found that Solomon was likely suffering from Chronic Traumatic Encephalopathy (CTE), the main disease caused by multiple concussions, according to the court. Ultimately, Solomon sought disability benefits in line with a diagnosis that he was TPD. But the board overseeing The Plan determined that his disability had not manifested prior to the expiration of the statute of limitations, or March 31, 2010.
On November 14, 2014, Solomon sued for denial of benefits, pursuant to ERISA § 502(a)(1)(B), 29 U.S.C. § 1132,7 in response to the Board’s November 2011 final denial of Football Degenerative benefits.
“As stated above, the Plan provides benefits to retired players who become TPD as a result of their NFL career,” wrote the court. “’Football Degenerative’ benefits are paid in regard to such disabilities that manifest within 15 years of retirement. Lesser ‘Inactive’ benefits are paid in regard to such disabilities that manifest more than fifteen years after retirement.
“The parties agree that Solomon’s total and permanent disability stemmed from his football career. However, they disagree as to whether his disability had manifested within 15 years of his retirement, i.e., by March 31, 2010.”
Solomon argued that the Board wrongly denied him Football Degenerative benefits because the Board was required to accept the SSA determination that he became TPD as of October 29, 2008.
The court agreed, writing that the bottom line is that Section 5.2(b) of the Plan, “as it existed at times pertinent to the instant case, provided that the Plan was bound by the fact, and onset date, of disability found by the SSA when it made its disability award to Solomon. Inasmuch as the parties agree that Solomon’s disability stemmed from his NFL career, he is entitled to Football Degenerative benefits.”
Cy Smith, a partner at Zuckerman Spaeder LLP, who represented Solomon with Counsel William K. Meyer, noted that the ruling “could be significant for the current national class action concussion litigation because the parties have refused to pay benefits to any living retiree with CTE, including Solomon, claiming that it is impossible to determine whether the disease exists until the player is dead.”
Cy Smith won the first-ever victory against the NFL’s pension plan, for ex-Pittsburgh Steeler great Mike Webster.
Jesse Solomon v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan et al.; D. Md.; CIVIL ACTION NO. MJG-14-3570, 2016 U.S. Dist. LEXIS 27748; 3/4/16
Attorneys of Record: (for plaintiff) Cyril Vincent Smith, III, William K Meyer, LEAD ATTORNEYS, Zuckerman Spaeder LLP, Baltimore, MD. (for defendants) Michael Joseph Prame, LEAD ATTORNEY, Groom Law Group Chartered, Washington, DC; Michael L Junk, PRO HAC VICE, Groom Law Group, Washington, DC.
