Is the NFL Liable for Dementia?

Ralph Wenzel was a healthy offensive guard in the NFL years ago. Now he needs assistance for even the easiest of tasks. The 67 year old is suffering from dementia. His wife, Dr. Eleanor Perfetto, filed a worker's compensation claim on his behalf. Perfetto, whose husband has been living in an assisted living facility for three years, is pushing for worker compensation from the NFL. Perfetto filed the claim in the state of California, which has an interesting worker's compensation system for retired professional athletes. Under the system, athletes need to have played only one game in the state of California during their career. A single game would make them eligible to receive over $100,000 in compensation for certain injuries.

Wenzel's claim is unique. Unlike the other claims which have dealt with orthopedic surgeries, Perfetto is claiming that her husband has received dementia because of his seven years spent playing pro football. Lawyers estimate the potential value of the case to be over $1 million. This would be worrisome for the league because many other players would be able to file similar suits. The teams and their insurers could be liable for over $100 million under the California system if players were to receive compensation for dementia. As of now the league would be able to cover the cost, but if insurance premiums rise, the league may have to change some of its rules to decrease the likelihood of head injuries. One proposal is to forbid linemen from using a three point stance.

Dennis Curran, the NFL's senior vice president for labor litigation and policy, said that the league was already providing financial aid to families of player's suffering from dementia by paying parts of medical expenses and doctor visits. Most claims are payed by teams or insurance carriers. Perfetto may have difficulty winning her claim due to her participation in the 88 plan. This plan is a program run by the NFL and the player's union that reimburses medical costs of families with former NFL players suffering from dementia up to $88,000 a year. But, players who played less than four seasons are not eligible for the plan. The California law states that the employer or insurance carrier has to pay for all the current and future medical costs as well as the costs incurred as a result of the workplace injury, which is why Wenzel's case could be worth more than $1 million.

Research has revealed that retired football players have an increased rate of early-onset dementia. But, the difficulty is proving that the dementia was caused by football and not natural events. Personally, I believe that Wenzel's dementia is caused from his football years. But, there is no way to prove this. Thus, I don't think that his claim will win. On the other hand, I do think the NFL should be liable for dementia because the evidence supports the fact that playing football increases the likelihood of the disease. It is extremely sad that these retired players have to suffer so much as a result of providing entertainment for fans. I think it is the league's responsibility to provide these players with adequate compensation for their injuries. Furthermore, I disagree with the law in California. I think it is absurd that a professional athlete only needs to have played one game in the state to be eligible for compensation. Even if the player was not injured in the game they played in California they can still receive hundreds of thousands of dollars due to the system. Overall, I think that the NFL is liable for dementia and that a case will eventually be presented in which it is clear that the retired player's dementia is a result of participating in the NFL. Until such a case happens, the NFL is not going to worry about providing compensation for dementia under the California system.