By Eric Farber
For retired professional athletes September 15, 2013 was a critical day. This day was denoted in California Assembly Bill 1309 (AB 1309) as the date the proposed legislation will take effect. This is an important cutoff for those with the chronic and lingering physical effects of professional sports.
AB 1309 was introduced in the California Assembly in February of this year with the backing of the professional leagues and teams to curb California liberal approach to protecting the rights of workers (workers in the form of professional athletes). AB 1309 specifically changes California Labor Code §3600.5.
For many years retired professional athletes filed California Workers’ Compensation claims due to several key benefits in California Law. Most particularly, California recognized professional athletes as temporary employees entitling them to the benefits of California law. Further, California is one of the few states to recognize Cumulative Traumas, which allowed athletes to file for benefits for not just the specific injuries they suffered while playing but the overall effects of their play on their body. The physical demands of professional athletes are great and few are lucky enough to escape accelerated deterioration of their bodies because of their careers. Many athletes are left with serious problems to their joints, internal injuries, gasto-intestinal (generally due to the over ingestion of anti-inflammatories). Many are candidates for knee and hip replacements in their late thirties and early forties. Effects of concussions such as Chronic Traumatic Encephalopathy (CTE), ALS and early onset dementia are just coming to light. For many athletes California Workers’ Compensation became their only recourse for health care and benefits for their injuries.
AB 1309 was heavily negotiated between the legislature, the leagues, the players associations and the applicant attorneys who represent players in their claims. At the end of the negotiations, the bill easily passed the California legislature and is now awaiting signature by the Governor.
It should be noted that AB 1309 only affects professional athletes. It should also be noted that the language of AB 1309 has yet to be tested and much of the language is at best confusing.
The main change is that as a general rule, teams outside of California who provide coverage for players in their own state for workers’ compensation benefits are exempt from California Workers’ Compensation laws. If the employer (team) has provided such coverage, that coverage will become the players exclusive remedy for players and their injuries.
This will exempt teams from facing California Workers’ Compensation claims unless the player worked for two or more seasons for a California team or worked a minimum of twenty percent of their duty days in California and they played for fewer than seven total seasons for teams other than California teams. (Cal. Lab. Code §3600.5, as amended). The amended statute defines duty days as days working as a professional athlete under the direction of their team employer.
As stated above, the statute specifically states September 15, 2013 as the day the changes to Labor Code §3600.5 will take effect. The statute further leaves in place several court cases which have recently limited the rights of athletes to file cases in California.
AB 1309 passed both the California Assembly and Senate easily, with supporting votes far outweighing the no votes. There is little doubt the Governor will sign the Bill into law changing long-standing rights of athletes.
Eric Farber is the Managing Attorney of Farber & Company Attorneys, P.C. Farber & Company is a full service practice located in California specializing issues for athletes & entertainers. Farber & Company is proud to support the work of Mike Ditka’s Gridiron Greats and the Kevin Turner Foundation. Please visit www.GridIronGreats.org and www.TheKevinTurnerFoundation.org for more information.
