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WWL>Topics>>5-14 5:20pm Sports Talk: Workmen's Comp Legislation

5-14 5:20pm Sports Talk: Workmen's Comp Legislation

May 14, 2014|

Deke and Bobby talk to Partner at Adams and Reese and Outside Legal Counsel to the Saints Chris Kane about the proposed workmen's compensation bill that affects professional athletes in Louisiana.

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Automatically Generated Transcript (may not be 100% accurate)

And welcome -- glass that we had the executive director of the NFL players association DeMaurice Smith online news just. Flat out upset on behalf of the NFL players association. Of house BOT and six financing it is wrong. For the current players here with us to talk about it on the other side is Chris came upon an Adams and -- -- legal -- For the New Orleans Saints Chris thank you so much for the time uh oh what its -- first take us through why is -- -- 69 need. Well that prospect -- I appreciated and -- wanna try to be able to these questions. It look here's the deal is this issue has been -- body NFL PA now on three different occasions extorted back. In 2010. Is not a legislative session that is again and he dealt well and -- -- again the issue this bill was. What your response to their -- so this was not a day. Eddie up a fight we choose to panic down importantly when -- first wild bill to try to change the -- wall. They admitted as much even in what the NFL PA is local council prepared to be filed back in 2010 and -- quote. They requested an exception to the general rule in the case of professional athletes and an exception -- case law that that judges have decided. Dating back to the -- all's well in 2000. -- this very issue and it and been the issue is very simply collapsed -- pretty much nailed it. Now the issue is that yes. Do we want. We want these professional athletes to be treated equal to easier employee people swear you look at what their act upon the injury you don't expect you actively. You'll look -- it into the future that's not power system war and it's -- very straightforward simple policy one that many states have adopted continues. So that's what -- the reason for this deal. Now is to that it -- just stop us. From every year being pulled to detail that the state legislature -- NFL PA number one. Number two to stop -- we would do it has been at the seven appellate court decisions six of what you have agreed. Now with the position that this deal. And proposes. He had -- Al Jefferson Parish in the one and -- does not -- it cannot be. Just that horse that's not correct down the most recent fourth circuit -- -- the lead for case and the case was decided in the -- that that the most recent case of what circuit. Is today is identical to. Arafat holdings in and Jefferson -- would that help his local council it is wants. It was set in the fifth circuit he started following cases -- -- -- to try to get new precedents which splits for the noggin that. So that's not correct it's company NFL PA is putting out there needs to be a piece to be addressed is not factually accurate. Chris -- is where the seed is an outside legal counsel for the New Orleans Saints and done. Also a a partner and -- Adams and Reese now now Chris gone back you said this first thought in 2018 and a Dumars mix in something that mr. Benson had -- something after the Super Bowl now was that filed before did you file first. It is at the end of LP each legislative session that's wild first SB seventeen that was -- 2010 bodies in itself PA. As he is correct response that bill. And that was an effort to set to change the pitchers -- -- in the fourth and fifth circuit. If it was an effort by the NFL PA we did respond the bill we all just been a similar -- that we have this time although we think. It's one more accurately and in and more tightly out there it. It makes the the walk crystal clear relative to the jurisprudence in Louisiana workers' comp -- Now are Chris why then when you look at. You know while they NFL's collective bargaining agreement you look at their formula. That also includes future earnings that's part of this -- BA. And a multi year NFL contracts that certainly have a significant annual raise his build and and are -- primarily during the seventeen weeks in a regular season. While you look at the off season -- is his pride primarily a per Diem -- is -- CBA why even have a CBA I know Louisiana is a right to work state. But if you look at the bottom line changes the principal. When you look at workman's comp and holly came about. Idea to have a separate formula. But for different employee classes -- a big goal against the very idea of workman's comp. Let me -- -- this -- Bobby we eat your practical to party agreement is is -- point and is what is interpreted by. The Louisiana courts we're not where there's no different calculation in the collective bargain agreement. The workers comp benefits and back -- -- 41 like the party agreement paragraph ten of the NFL contracts direct you to the the state you watched. That that was -- provision provides board board of finding workers' comp benefits -- exactly what we're doing. Number two. Louisiana would not be the first state to -- called out for such a unique. Thousand specific he's worked hard because that they did did did did dresses professional athlete. And their ability to do it to you Florida. State taxes out of it to UMass to -- doesn't that six other teams. That our packages -- FL teams many other professional teams as well and other state they would to give you an example so. The argument that you know this is unique to -- Louisiana State legislator legislation what center addressing this issue. Is again it it's it's not. It's an -- with -- what it is -- Where well when you look at. About -- -- an impact -- and being a Republican from Guerrero he said he opposed the -- that it would disregard. As existing contracts held by NFL players that would negatively. Affect players now I know from a Saints fan's standpoint. That -- -- potentially. Harm the saints' ability to lower. High priced free agents as the changes were hit higher paid players much harder and you look at that. In and that's in a football sense is whether proposed change makes yards or less enticing destination. For future free is that the fans look at. Right look at object at the end of the people infection -- when he thought can attest to this comment that affect him as anyone else. I'll address -- incidents -- -- that your question this way. In this -- been around since 2000. There's been a has been -- -- that the law has been set since 2006. This is exactly Howell is applied now we have to go to the court system and every time. Because the NFL local council and a BA local council continues to 22 litigated. It this is not new this is not an issue that it impacted down to my knowledge in any free agency issues dating back to this -- But going forward and why would a player of his stature like quarterback Drew Brees who All Saints fans respect in being a leader of the team. So why we -- oppose the Saints on the workman's comp. It's big package because of the reasons why drew decided to two and they come out against. The masses it -- aqueduct contributed to this. Is this the -- to impact there's issues Bobby is a as a player is injured. -- who preceded him because he's physically unable to perform. If he's physically unable to perform when the regular season starts that they have to designate that it has been into it roster and take him. That's not changing this bill does not change that that was that was -- A day NFL's collective bargaining agreement that was negotiated that it would impact a formula that includes future earnings. I'm telling you that we are happy that that's going to be painted to those players that is not workers' comp benefits related. Look at CD that article 41 with the NFL player contract has parent and. The direction to get to do this and to at least payment in addition to that no other Louisiana employee. It has been that bodily in addition to that they also are -- to workers' comp benefits. Populated consistent with that state and watched the player. And it is eligible. And that's what we're we're not changing the -- -- Barney green -- before different interpretation. We're simply top buying like does the courts have already determined to be accurately -- -- be outlawed calculate workers' comp. Benefits for this schedule of complete. Chris if you hang title breaking news ankle -- questions Chris crane as a agreed to stay with a few more moments he's outside legal counsel. A for the New Orleans Saints and a member of an increase from here in the north W Dennis Thomas 532. Time the first names who go to -- hands that. Again talking about house built in 69. We spoke with executive director of the NFL players association DeMaurice Smith who. He feels he in the -- don't feel he is he in the players are completely against house built a team sixth event in six in that did pass. Not -- the house 5632 and -- -- to this and it. For our consideration we are abusing now with Chris Cain as opponent Adams and -- And outside legal counsel for the Saints -- back to some of the things that we've been speaking about him and you said this does not scripts in -- in that does not that the players. Of any benefits you also talk about it takes them all -- exist in codify it. So I guess my question is why do we need to use anyway. Well do you see. The reason that we did is because. For the last now four years and have for the last fourteen years. It's an issue has been litigated the law -- the section in the sectional where the course look at did not specifically provide. Any any detail. He didn't how professional athletes should be. -- calculated so that's like Jesus litigation what the court applied is the policy. And the general provisions of the section two. Create a law of looking at what the player -- to the top of the injury. So what -- recently accomplished as always step LPGA keeps -- Estes state legislate the legislature trying to top pass an exception. And it's into the jurisprudence and then -- LP local council continues to follow lawsuits relative relative to this issue so. You know talent what's -- at -- we we don't -- their track -- that point the court. And the court has not accepted their position. And their managers Kristen and I'm following news it says they've both ownership and the NFL PA have bet -- was on this subject. And owners only did so in TN twelve and fourteen. In response to what you talk about those top first by the players' association it explains it to. That's correct yes that would 2002012. And this year. The NFL PA is. I assume their local council. -- senator Mary. Has filed a bill. To that attempt to onto. The soldiers prudence on this issue in the in this circuit -- that indicates a mention to you in the force or rather than the agreed to commit a little tired -- Try to legislate Canadian tennis and trying to and they were they were trying to argue it to support systems now what when they -- Volatile in 2010. He they they they drafted the filing and they didn't in that -- of the law is exactly. As we are telling everyone that it is today. I'm so they took that position then and now this thing you know -- The law is this and this small. Would I think dim assessment PT -- know where he got 50% from the there's wallets somehow another. Trip 50% of the benefits that the calculation that equals that I can tell you. It doesn't exist. Well Barry when you look and Chris of the legislation that's come about. They -- -- us and explain to me. -- legislation aimed to calculate. Workmen's compensation benefits from pro athletes based only. On recent earnings. While the NFL's collective bargaining agreement has a formula. That also includes future earnings. Multi year NFL contracts typically have significant. Annual raises built in and are paid primarily -- seventeenth during the season while offseason pay consists primarily. Upper GMs now and I'll break down this on a worst case scenario. Then FL PA said the legislation could cause. A players weren't meant a worker's compensation benefits. Be based on -- deems -- the player with her gender pre season rather -- a much larger annual -- contract. Now as a worker that you think that that you should be that the team should honor. You contract no matter when you get injured if you employed by the team. Right in and -- right now -- the way to walk. It is and it has -- past the -- would be is -- exactly as you just mentioned we would be honoring the contract. If a player is injured. They're going to -- -- not able to play under the contract. There's paragraph on requires that the payments. These days until that player is able to return to football activity. Okay so that's luckily they're getting paid their full salary in addition to that. That the looks at Louisiana not a party agreement provides for workers' comp benefits we're paying that. In addition that we're simply saying look what they're earning it the time middleweight like every able Louisiana employee. In order to calculate those specific additional benefits. Chris came upon an Adams and reason outside legal counsel for the -- Chris I know I don't give pays the most money out not any any. I mean isn't this jump with -- has -- and we had a no idea hasn't been locked down on a Christian or not I'm not a lawyer all knows I try to take the -- its approach. And I know. That the -- its approach to -- it was it's a money all the new. Like back in 1990 -- don't have a contract. You don't but when you wouldn't know free agency so when I look at it as a both sides. To the story. Is not just one dimensional it's our respect that. Chris man thank you so much putting up -- shall be talking again about as soon. All right Chris -- I will come back -- Chipper -- on WW.

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