A Louisiana state appeals court has affirmed the ruling of a trial court, which held that former NFL football player Darren Sharper waited too long to file a claim for workers compensation benefits.
Sharper was a professional football player employed by the New Orleans Saints during the 2009-2010 and 2010-2011 football seasons. He sustained an injury to his left knee in a game on November 8, 2009. He aggravated the injury to his left knee in a game on December 19, 2009. The team doctor recommended conservative treatment including ice, physical therapy, anti-inflammatory medications, and drainage of the knee. Sharper continued to play despite the injury. He testified that he did not play in the last, regular season game, but admitted that it was a precautionary measure in light of the upcoming playoff games.
In early January of 2010, Sharper consulted with Dr. James R. Andrews, of the Andrews Sports Medicine & Orthopedic Clinic in Birmingham, Alabama, to obtain a second opinion about his knee injury. Dr. Andrews prescribed a Synvisc-One injection. Sharper continued to play in the playoff games, and in the Saints’ victory in the 2010 Super Bowl.
At the end of the 2009-2010 season, Sharper passed an exit physical administered by the Saints’ physicians and trainers. Sharper would later testify that his knee condition worsened after the exit physical.
In March 2010, Sharper’s contract with the Saints expired. He was considered a free agent at that time. On March 3, 2010, Dr. Andrews performed arthroscopic surgery on Sharper’s left knee to remove loose bodies and repair a microfracture of two small medial femoral chondral lesions. Dr. Andrews also performed a chondroplasty on Sharper’s patella and injected the knee with platelet-rich plasma.
The Saints re-signed Sharper on May 5, 2010, for the 2010-2011 season. Sharper was still rehabilitating his knee, and was placed on the PUP (physically unable to perform) list by the Saints. During this time, Sharper was paid his full salary. On October 23, 2010, Sharper was placed on the active roster and participated in the game that weekend. He continued to play although he testified that his knee continued to swell. Sharper testified that he injured his left hamstring near the end of the season, and sat out the next two games. In January 2011, he again “tweaked” his hamstring.
Sharper testified that he suffered a new knee injury while playing in the game on January 8, 2011, but did not report the injury to the team doctors. He admitted that he was aware that his contract required him to report injuries or re-injuries to the team doctors.
Sharper testified that at his exit physical on January 11, 2011, he told the Saints’ staff that he still had neck, hamstring and knee issues. He did not, however, mention the alleged injury he suffered just three days earlier. Further, despite the complaints of lingering injuries, Sharper again signed the section of the exit physical form indicating that he had no injuries which would prevent him from playing football.
Sharper became a free agent in March of 2011, but was not re-signed by the Saints. He testified that he continued to train in NFL-level training sessions. He saw Dr. Andrews or an associate at his clinic in June, July and August of 2011, receiving Synvisc shots each time. During the summer of 2011, Sharper tried out for the Denver Broncos and the New England Patriots, but was not signed by either team. “Sharper testified that the reason he was not signed was because of his knee injury, but there is nothing in evidence to support his assertion that he was told by a doctor that he could not play football anymore, or that the other NFL teams did not sign him because of a knee issue,” according to the appeals court. “In fact, Dr. Andrews indicated in his notes from the August 2011 visit that Sharper ‘looks good and should be able to play this season.’”
Sharper officially retired from professional football in November 2011. A month later, he filed his claim for compensation. Denied by the Office of Workers’ Compensation, he took his claim to the courts.
“The trial court found that Sharper did not carry his burden of proving that the payments made to him by the Saints were advance payments of workers’ compensation benefits sufficient to trigger Article 10 of the Player’s Contract,” wrote the appeals court. “Thus, Sharper was not entitled to any workers’ compensation benefits by reason of temporary total, permanent total, temporary partial, or permanent partial disability, nor was he entitled to supplemental earnings benefits. The trial court found, based on the facts presented, that although Sharper could not play to the level of a professional football player from July 29, 2010 through October 23, 2010, he was still capable of performing work, which he did according to the terms of the contract. We cannot say that this finding is manifestly erroneous or clearly wrong.
“The fact that the duties before and after the triggering injury are similar or dissimilar, heavier or lighter, is relevant but not determinative of the issue of whether payments made to the employee were actual wages or payments in lieu of compensation. Here, Sharper was bound by contract to continue his other job requirements while rehabilitating without a reduction in pay. Thus, he was not entitled to workers’ compensation benefits, disability benefits, or supplemental earnings benefits.”
Darren Sharper v. The New Orleans Saints; Ct. App. La., 4th Cir.; NO. 2014-CA-0336, 2014-0336; 2014 La. App. Unpub. LEXIS 605; 10/22/14
Attorneys of Record: (for plaintiff/appellant) Frank A. Bruno, Attorney at Law, New Orleans, LA. (for defendant/appellee) Christopher J. Kane, Gerard J. Gaudet, ADAMS & REESE LLP, New Orleans, LA.
